Posts in Government


House Subcommittees Hold Hearing on Space Situational Awareness and Space Traffic Management

A joint hearing of the House Subcommittee on Strategic Forces and the House Subcommittee on Space was recently convened to discuss the responsibilities of various U.S. …
By Steve Brachmann
17 days ago 1

The Supreme Court, the Federal Circuit, and the Patent Office Walk Out of an Appellate Review Bar: Changing Standards For Appellate Review of IPR Institution Decisions

This article reviews recent Federal Circuit and Supreme Court decisions addressing the scope of appellate review of institution of inter partes review (IPR) by the Patent Trial …

Federal Circuit Vacates TTAB’s Findings That ZERO Is Not Generic And Acquired Distinctiveness

In Royal Crown Co. v. Coca-Cola Co, the USPTO approved The Coca-Cola Company’s combination marks including the term ZERO, to be used on a variety of …

House Subcommittees Hold Hearing on Artificial Intelligence Challenges and Opportunities

On the morning of Tuesday, June 26th, both the House Subcommittee on Research and Technology and the House Subcommittee on Energy held a hearing titled Artificial Intelligence …
By Steve Brachmann
21 days ago 12

Google vs. the Luddites: A Patent Battle Neither Side Should Win

The idea that all software is obvious is a theoretical argument that doesn’t just border on the scattological, it wades right into the sewer. Consider artificial …
By Steve Brachmann
22 days ago 38

The Real IPR Gauntlet: What USPTO Statistics Don’t Show

87.2% of patents in the study, per the table, were subjected to just 1 or 2 IPR petitions – so gang tackling is no big deal. But make this simple observation: …
By Aaric Eisenstein
23 days ago 30

Influx of Trademark Applications at the USPTO Subsidized by Chinese Government, Include Doctored Product Images

According to Eric Perrott, a trademark and copyright attorney with Gerben Law Firm, chatter among U.S. trademark officials and attorneys regarding the increase of potentially fraudulent …
By Steve Brachmann
24 days ago 2

Denying Inducement to Infringe in Face of a Drug Label: A Fool’s Errand?

Proving inducement to infringe requires showing that the accused infringer possessed “specific intent” to infringe. In pharmaceutical cases, particularly those arising in the Hatch-Waxman framework, specific intent …

Has Big Tech Finally Become Too Big for the FTC to Ignore?

Some of the questions the FTC is interested in investigating and discussing during this inquiry include whether changes in the economy and evolving businesses have created competition …
By Gene Quinn
27 days ago 5

Federal Circuit Denies Petition for Rehearing En Banc in Xitronix Appeal on Walker Process Claims

On Friday, June 15th, the Court of Appeals for the Federal Circuit denied a petition for panel rehearing and rehearing en banc in Xitronix Corporation v. KLA-Tencor …
By Steve Brachmann
28 days ago 0

The Government Entrepreneur’s Dilemma   

Ironically, now that the Trump Administration's prioritizing economic as well as scientific returns on investment from federal research, one of EPA's best examples is gone. Others who …
By Joseph Allen
29 days ago 8

USPTO issues guidance on patent eligibility of method of treatment claims in light of Vanda Pharmaceuticals

On June 7, 2018, the USPTO issued new guidance to its examining corps in the form of a memorandum discussing the Federal Circuit’s April 13, 2018 decision in Vanda Pharmaceuticals …
By John M. Rogitz
1 month ago 2

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
1 month ago 1

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
1 month 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 …

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