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McCoy Russell Continued Success in Appeal Practice

McCoy Russell continues to see success in our appeal practice and has received yet another full reversal decision on appeal in the area of Chemical and Materials Engineering. Our team led by John Russell and Janina Malone provided well crafted, effective, and clear arguments before the Patent and Trademark Appeal Board (PTAB), disputing the decision to reject claims due to obviousness. The invention relates to a method to detect light absorbing or scattering particles at a binding surface of a carrier.

Upon consideration of our appeal and reply briefs, the PTAB reversed the examiner’s decision to reject claims as unpatentable. Read the full Appeal 2021-000244.

Quantifying Patent Quality

Quantifying patent quality is something many have sought. However, linking patent quality to a customizable array of metrics that enables real-time in-house review brings its own unique challenges. The software arm of McCoy Russell provides a solution – IRONCROW’s AI-based tool, N’Spec, is the first tool designed for in-house IP departments to manage quality of their portfolio.

Our patent application reviewing software was developed to improve patent application drafting and patent prosecution responses. It helps reduce errors that can reduce rejections by the USPTO. N’Spec employs state of the art machine learning algorithms to automate the tedious review process.

Our user friendly software greatly streamlines patent application drafting and review, and ensures patent applications are of the highest quality before being scrutinized by the USPTO. Some of our clients have been so impressed with it, that they have licensed it for their own use in-house.

McCoy Russell is constantly driving to find ways to be more efficient through the use of new technologies and tools. Our diverse team, with wide ranging backgrounds and experiences, is key to our ability to innovate and bring our clients patent solutions like no other.

For more information about N’Spec software or to request a demo, please email [email protected].

McCoy Russell Top Patent Firm in USPTO Technology Center 3600

For the second year running, McCoy Russell is recognized as the top patent firm in Technology Center 3600 (TC 3600) in terms of patent prosecution efficiency and quality. This tech center examines applications related to transportation, e-commerce, construction, agriculture, licensing and review. Some of the top filers in TC 3600 include Ford, IBM, Boeing, and Amazon.

Over the past year, McCoy Russell has increased the number of patents filed in this tech center (by 47%).

Our success is based on our team’s significant experience and technical background in relevant technologies, as well as our portfolio management and prosecution strategy, including a specialty practice to protection of AI and machine learning inventions across many industries. Further, we have integrated artificial intelligence and deep learning tools, developed in-house, into our practice to further maximize our effectiveness for our clients.

Our deep bench of technology specialists work with our senior attorneys to create pro-active solutions and strong applications. Our recognition as the top patent firm within TC 3600 solidifies the effectiveness of our strategies and unique collaborative approach to patent portfolio development.

If you are looking to up improve your portfolio in TC 3600, please contact us at [email protected].

McCoy Russell’s Quality Patent Drafting

As a small firm looking to make their mark in intellectual property law, McCoy Russell continues to gain recognition not only for the success of our patent prosecution strategies, but the quality of our patent applications.

McCoy Russell LLP has topped the 2021 charts on patent prosecution for quality and efficiency in both Technology Centers 3600 and 3700, according to Juristat[1]. Patent bots AI software read through 356 patents issued in the past year within Technology Center 3700 and calculated a quality of score of 99* in the drafting of our patents[2]. How does the firm achieve this stellar performance?

One facet is the level of review built into the firm’s processes that have been honed over the years. Starting more than 3 years ago, McCoy Russell implements a “360 Review” process that engages patent practitioners in the firm at all levels of experience. Every application drafted by the firm undergoes at least two, and usually three, levels of review – even if drafted by a senior patent attorney with more than 20 years of experience. This process is ever-adapting in order to keep up with the latest challenges and opportunities of the ever-changing patent prosecution landscape.

Another facet of McCoy Russell’s patent drafting and prosecution is in cooperation with its software arm – IronCrow IP – and includes the internal development of AI-based software for efficiently and effectively improving patent quality. We use our tool to automatically review every patent application we draft. Some of our clients have been so impressed with it, that they have licensed it for their own use in-house.

The core of our firm’s consistency in quality is our firm culture that continues to enable, support, and improve hybrd-remote work in the intellectual property realm. McCoy Russell cultivates our firm culture around collaboration, creating interactive cross-team training programs and staff wellness initiatives. Our unique collaborative methods have helped our firm find new ways to provide our clients with the quality and value they have come to expect.


[1] Tech Center 3600 and Tech Center 3700, McCoy Russell Tops The List https://resources.juristat.com/top-firms/2021?utm_campaign=Content%20-%20Outbound&utm_medium=email&_hsm=201465571&_hsenc=p2ANqtz-_OULdvHjQeb0n0ICj1ULdHHYFSqKuJ0X3PqNzczuNA-_J7D2uJ_nDy7c1UYkUb_9TZW2ygpyCs-Tu9erglRQyG0IAwhA&utm_content=201465571&utm_source=hs_email#rankings
[2] Patent Bots computes quality scores based upon numbering errors, antecedent basis errors, and word support errors (words that don’t appear in the detailed description). https://blog.patentbots.com/2021/05/top-50-law-firms-for-patent-quality-2021.html

McCoy Russell – Best Lawyers, Best Law Firms

McCoy Russell is pleased to announce our inclusion in the 12th Edition of the U.S. News – Best Lawyers “Best Law Firms” publication under the practice area of Patent and Trademark Law in Oregon.

“Best Law Firms” is based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

INTA: Enforcing Designs Globally: Same or Different?

INTA Designs Committee members Anna McCoy (of McCoy Russell LLP in Portland, Oregon), Joseph J. Conklin (of Coty Inc. New York, New York), and Gabriela Staber (of CMS Vienna), have published an article on the INTA website (https://www.inta.org/enforcing-designs-globally-same-or-different/).  To understand both similarities and differences across jurisdictions and to help INTA develop a position on the harmonization of design remedies for its model design law guidelines, the Association’s Designs Committee conducted a survey among its members and obtained input from other INTA members considering issues regarding the global enforcement of designs. The article’s findings cover non-financial and financial remedies that are available for infringement of registered design rights, recovery of attorney fees, and other remedies, such as criminal sanctions and customs proceedings,  While survey results indicate that a wide variety of remedies are available for design right infringements, the article concludes that some degree of harmonization could be beneficial to facilitate enforcement of design rights, especially where infringement takes place in many countries simultaneously.

You may read the full article on INTA’s website (https://www.inta.org/enforcing-designs-globally-same-or-different/).

Academic Technology Transfer Expertise

McCoy Russell has substantial experience with academic and research institutions and their technology transfer offices, providing specific support tailored to the unique challenges presented in academic and research environments pursuing technology commercialization. Our experience and strategic approach considers the full technology life cycle, from the evaluation stage to portfolio creation and development to licensing and post-grant proceedings.

McCoy Russell also assists technology transfer offices by providing training programs for students, faculty, and staff to improve the efficiency and quality of patent filings. In addition to educational programs, we have developed proprietary software allowing us to perform detailed landscape searches to identify potential collaborators and licensing partners, and to highlight insights into the marketplace and commercial viability of their research (https://www.mccrus.com/2021/12/07/focusing-on-technology-innovation/).

While technology transfer work requires expertise in navigating complex rules and regulations, we take special care to ensure regulatory compliance as to government-funded work and work subject to government contracts. Requirements of the Bayh-Dole Act are front and center to effectively advise technology transfer offices.

You may read more about our Technology Transfer Expertise and Case Studies, here (https://www.mccrus.com/techtransfer/).

McCoy Russell’s Patent Prosecution Strategies Challenges Conventional Thinking

At McCoy Russell LLP, we represent clients who challenge conventional thinking every day. But unlike many conventional firms, our patent professionals also challenge conventional patent prosecution strategies that increase cost and reduce patent scope, like the idea that one should never challenge a restriction requirement. Those challenges have led to the development of data-driven strategies for deciding when and how to challenge restrictions, and actually reduce costs and increase scope across a portfolio. We even have specialized administrative staff who focus entirely on restriction response and petition strategy.

Restriction requirements remain a prevalent practice at the USPTO. The proper use (or avoidance) of traversals, petitions, and related strategies can have significant impacts. We know, since our performance has put us at the very top of patent prosecution rankings in the US.

If you are looking for IP counsel whose prosecution strategy includes leveraging restriction requirements based on data, reach out to us to see if we can help your patent portfolio.

Top Patent Law Firms in Oregon for 2021

PORTLAND, OR, Jan. 4, 2022/ –We compiled a list of the top patent law firms based in Oregon. They are ranked by the total number of U.S. design, utility, and plant patents issued in 2021 where the patent firms were listed on the front of the patent. Included firms have over 40 patents with an Oregon inventor.

RANK LAW FIRM NAME 2021 ISSUED PATENTS
1 MCCOY RUSSELL LLP 886
2 SCHWABE WILLIAMSON & WYATT 678
3 KLARQUIST SPARKMAN LLP 666
4 STOEL RIVES LLP 228
5 GREEN HOWARD & MUGHAL LLP 222

Our consistent growth shows the strength in our unique firm model. A women-owned technology-focused law firm that often flies under the radar, McCoy Russell LLP continues to innovate and refine how we practice intellectual property law, leveraging the most from our highly-skilled staff to the benefit of our clients. Providing integrated strategies for elegant, high-quality patent and trademark solutions.

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McCoy Russell LLP is a nationally ranked boutique, woman-owned, intellectual property law firm headquartered in Portland, Oregon and focused on the prosecution and development of patent and trademark portfolios. www.mccrus.com