Posts in Government


Why should we encourage generics to challenge pharma patents?

What was the federal government thinking when Hatch-Waxman originally passed. Why would Congress incentivize generic manufacturers to challenge the patents of pharmaceutical companies? It is the same …
By Gene Quinn
8 hours ago 0

ITC Institutes 337 Complaint Accusing Toyota Vehicles of Infringing Infotainment Chip Patents

On Thursday, June 7th, the U.S. International Trade Commission (ITC) announced that it was instituting a Section 337 patent infringement investigation of automobile infotainment systems being imported …
By Steve Brachmann
10 hours ago 0

Rescuing Rapunzel: Suffolk Law Professors and students work to keep fairy tale princess in the public domain

United Trademark Holdings Inc. is attempting to trademark Rapunzel (and likely has plans for other fairy tale princess names) for its line of dolls. Law Professors Rebecca …

Senator Hatch files Amendment to Fix IPRs for Pharma, Save Hatch-Waxman

Late yesterday, Senator Orrin Hatch (R-UT), co-author of the Hatch-Waxman Act, filed an amendment in the Senate Judiciary Committee to address what many characterize as abusive inter …
By Gene Quinn
3 days ago 17

Federal Circuit Hears Oral Arguments on St. Regis Appeal of Tribal Sovereign Immunity

On Monday, June 4th, the Court of Appeals for the Federal Circuit heard oral arguments in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals, a case appealed from …
By Steve Brachmann
3 days ago 3

Alternative Routes to Protection of Innovation

Every year different groups provide rankings of patent prosecution law firms and a company’s patent count for the year.  Patent law firms will tout their rankings …
By Robert Stoll
4 days ago 48

Rethinking Article III Standing in IPR Appeals at the Federal Circuit

In 2011, as part of the American Invents Act (“AIA”), Congress significantly restructured the way in which previously issued patents could be challenged.   In some cases, existing post-issuance …

Iancu: People have a right to know what is patent eligible

While the subject matter of the speech was similar, this speech by Director Iancu was different. It was much more direct and forceful than any of his …
By Gene Quinn
6 days ago 40

CAFC Vacates Board for Moving Target Rejections, Failure to Consider Reply Brief

The moving target rejections were largely due to the fact that the examiner's first clear explanation that she was relying on structural identity, and not inherency, appeared …

‘Cockygate’ Trademark Row Causes Heartbreak in U.S. Indie Romance Novel Publishing Industry

In recent weeks, the U.S. romance publishing industry has been roiling over a trademark issue which has been less-than-affectionately referred to as Cockygate. According to various …
By Steve Brachmann
8 days ago 2

Federal Circuit: PTAB Improperly Relied on Unsupported Expert Opinion

Ericsson petitioned for inter partes review of the ’408 patent, and the PTAB upheld its validity. Without separately analyzing the challenged dependent claims, the PTAB held that claim 1 …

Google Changes Its Code of Conduct After Years of Being Evil Towards Patent Owners

However, in intellectual property circles, it would be easy question whether Google has lived up to the goal of not doing, or being, evil... Google’s efforts …
By Steve Brachmann
9 days ago 22

Patent Office asks Federal Circuit to Allow Board to Reconsider Eligibility Rejections

Yesterday I wrote about the United States Patent and Trademark Office filing a Director’s Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, …
By Gene Quinn
10 days ago 10

USPTO asks Federal Circuit to Vacate, Remand 101 Case to Board in Light of Berkheimer

Yesterday the United States Patent and Trademark Office (USPTO) filed a Director's Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, Inc. After the …
By Gene Quinn
11 days ago 8

Structural Bias at the PTAB: No Dissent Desired

This FOIA response confirms that dissents and concurring opinions are not desired by PTAB supervisors. In fact, Administrative Patent Judges (APJs) of the Patent Trial and Appeal …
By Gene Quinn
11 days ago 30