Posts in IPWatchdog.com Articles


Idenix v. Gilead: District Court Exercises Discretion to Deny Enhanced Damages

Idenix Pharmaceuticals LLC v. Gilead Pharmaceuticals, Inc., C.A. No. 14-846-LPS (Delaware Dist. Court, Sept 22, 2017) (“Idenix v. Gilead”), is a good example of the exercise of …

Acting PTO Director Joseph Matal Speaks to Independent Inventors

Mr. Matal opened his discussion stating his belief that independent inventors are the lifeblood of American innovation. He said that a patent is a property right and …

Ironworks files new complaint against Apple asserting patents covering tactile feedback, ringtone silencing tech

On Friday, October 6th, Chicago, IL-based intellectual property owner Ironworks Patents LLC filed a patent infringement case against Cupertino, CA-based consumer tech giant Apple Inc. in the …
By Steve Brachmann
6 days ago 0

Federal Circuit says inequitable conduct can be inferred from activities in a later patent litigation?

Although the patent prosecution process is adversarial in nature, patent practitioners must be keenly aware of their duty to maintain the integrity of any subsequently issued patent …

Efficient infringer lobby achieves bipartisan effort to abrogate Native American tribal sovereignty

The patent deal with the St. Regis tribe doesn’t shield the patents from validity challenges coming from a Hatch-Waxman trial recently concluded in Texas federal court. “…
By Steve Brachmann
7 days ago 15

Burden of Persuasion for Patentability of Amended Claims in IPR Stays with Petitioner

After a panel of the Federal Circuit affirmed the Board’s decision, in Aqua Products v. Matal, Aqua requested an en banc rehearing. The USPTO Director Joseph …

Private Rights and the Sanctity of an Independent Judiciary

There appears to be a consistent pattern of public rights cases from Murray’s Lessee to Stern. Congress may establish a public right, separate from actions that …
By Neal Solomon
8 days ago 3

Fortune’s misguided screed on patent trolls misrepresents patent owner Blackbird Technologies

Fortune tech writer Jeff John Roberts, who penned this particular article, regurgitates Cloudflare’s claims that Blackbird “may be engaging in illegal fee-splitting arrangements with patent owners” …
By Steve Brachmann
8 days ago 17

Facebook announces three firms will integrate with Rights Manager for automated protection of copyrighted content

Early this October, Facebook announced a partnership with three entities that will be integrated with the Rights Manager suite to offer rights management as a service on …
By Steve Brachmann
8 days ago 0

Qualcomm’s Antitrust War and The Patent Licensing Issues

Even at ground level, where American courts in San Diego and San Jose are now being called on to apply the law laid out in prior court …
By Michael Salzman
9 days ago 2

Digital Resale & Copyrights: Why the Second Circuit Won’t Buy It

In 2011, ReDigi Inc. introduced technology that effectively attempted to establish a secondary market for “used” digital music files, where owners who had legally downloaded music files from …
By Lee Burgunder
9 days ago 5

Is Europe really moving away from protecting Online platforms?

The media and political debate continues to rage: should new obligations be put on online platforms and other internet intermediaries to try to limit the availability of …
By Nick Aries
9 days ago 0

Eli Lilly patent covering Alimta lung cancer treatment upheld in final written decision from PTAB

On Thursday, October 5th, a final written decision issued by the Patent Trial and Appeal Board (PTAB) upheld a series of 22 claims from a patent owned by …
By Steve Brachmann
10 days ago 0

The Modern Public Rights Doctrine

The modern public rights jurisprudence flows from Atlas Roofing in 1977 to Stern in 2011. Although the case law does not provide a straight line, there is a consistent …
By Neal Solomon
10 days ago 38

A TWIST in the tale: Not your typical cola war

This case was not your typical “cola war”, but rather involved TWIST, the well-known carbonated beverage brand which has been available in South Africa since the 1970s (…
By Kelly Thompson
10 days ago 0