Tag Archives: Patent law

Average Joe SCOTUS: Thryv, Inc. v. Click-To-Call Technologies

So these Click-to-Call assholes sued these Thryv assholes for a patent infringement. Any company that spells a normal word in a weird way (Thryv instead of Thrive) deserves to lose just because they’re probably annoying fucks who think they’re edgy, IMO. But I digress.

Anyway, there’s this procedure within patent law called Inter Parties Review (IPR). Basically, where someone with a complaint about the patent, can ask the patent office (PTO) to review that shit.

However, there’s a rule within this that says, if you’ve been sued as infringing the patent, you can’t ask for an IPR more than a year after you’ve been sued. If you’ve never been sued for infringement however, you can ask for IPR to your heart’s content.

Well, despite the fact that C2C sued Thrive 12 years earlier, the 1 year time-bar was ruled as not relevant, because the case was dropped. So they basically argued that since the case was dropped, the one year time limit didn’t apply—it’s as if the suit never even happened.

But now that Thryv is asking for an IPR, C2C is like, “Woah, you assholes. It’s 12 years since we sued you mother fuckers, way longer than a fucking year. Take your IPR request and shove it squarely up your ass sideways.”

So now SCOTUS has to decide if a suit that is dropped happened or not basically. They’re also looking into whether the judicial branch even has the right to opine on execute decisions. Meaning that the Patent Office is directed by the Executive branch, and they get to make their own rules. So can a judge investigating an IPR ruling even have the authority to do that. Separation of powers and all.

In a 7-2 decision, SCOTUS was more impressed with Thryv’s argument. That it is a separation of powers thing, and that SCOTUS can’t overrule the president’s procedures for the patent office.

Hear oral arguments and/or read about the case and the opinions here.

Average Joe SCOTUS: Peter v. NantKwest

So this dude, Dr. Hans Klingemann was doing some work on immunotherapy, and discover what was termed natural killer cells, as an effective method for going after and killing cancer. So he worked with the company NantKwest to patent this shit.

Problem for Doc Lingemann, was this comes form the patient’s own blood, and not necessarily something Klingemann makes himself. So the Patent Office was all like, “You’re joking with this shit, right? Get the fuck out of here.” His Patent claim was denied as “obvious.” You don’t get to patent naturally occurring shit, and try to take credit for mother nature’s work.

Klingemann and NantKwest were persistent fucks, because they appealed, and their dumb asses lost again. So then they appealed to the U.S. District course, and lost the fuck yet again.

You’d think this would be over, but no.

You see, the Patent Office had to pay motherfuckers to justify their position through all these hearings and appeals, and so the USPTO was like, “You cost us $113,000 you motherfucker. We want our money back for you wasting our time.”

According to 35 U.S.C. § 145, “[a]ll the expenses of the proceedings” of these hearings are recoverable by the PTO if they win their judgement. But a district court was like, “Seriously, PTO? It’s bad enough you denied this guy his patent, you want him to pay your legal fees, too? Come on with this bullshit. In this country, you pay your attorneys, and I pay mine. That’s how it fucking works. Now piss off. Your recoverable expenses are paying for expert witnesses and shit, nothing more.” Judgement for NantKwest.

But now the PTO are the persistent fucks, because they’re like, “Fuck you, you lower court motherfuckers, we’re going to SCOTUS. We want our fucking money.”

So, here were are at SCOTUS to determine if the 35 U.S.C. § 145, “[a]ll the expenses of the proceedings” statement trumps all the legal precedent in U.S. history and considers legal fees are part of the expenses or not.

SCOTUS unanimously ruled in favor Nantkwest, telling the USPTO to go fuck themselves. You pay your legal fees, and they pay theirs. Nuff said.