Posts in Legislation


Federal Circuit Treatment of ‘Commercial Success’ in Hatch-Waxman Cases

In order to establish that the commercial success factor supports a non-obviousness finding, the patentee must establish that a connection (or nexus) exists between the novel aspects …
By Theodore Chiacchio
6 months ago 1

Compromise on Music Modernization Act Leads to Unconditional Support From Music Industry Organizations

A collection of trade organizations representing music publishers and songwriters recently released a joint statement in which all announced unconditional support for S.2823, the Music Modernization Act (…
By Steve Brachmann
6 months ago 0

Congressman Rohrabacher Introduces the Inventor Protection Act to Protect Inventor-Owned Patents

Congressman Dana Rohrabacher (R-CA) has introduced H.R. 6557, the Inventor Protection Act, into the House of Representatives. This bill is the latest proposed piece of legislation to …
By Steve Brachmann
6 months ago 57

Aqua Products: Is It Helping Patent Owners Swim Better Nine Months Later?

At the time, many thought this change in law would significantly assist patentees in avoiding full-blown cancellation of their claims. However, our review suggests a case-by-case analysis …
By Chris Bruno & Arun Mohan
7 months ago 1

Legislation Introduced in House to Repeal the PTAB and the AIA

There are 13 sections to Massie’s bill, many of which are geared towards the abolition of various statutes of the AIA. Perhaps the most salient portion of …
By Steve Brachmann
7 months ago 24

Berkheimer, the Administrative Procedure Act, and PTO Motions to Vacate PTAB § 101 Decisions

After several years in which the U.S. Patent and Trademark Office (PTO) did not seem to have an official position on the issue, and many Patent …
By Jeremy Doerre & David Boundy
7 months ago 20

Reflections on Drug Patents and the High Cost of Healthcare

The Hatch-Waxman Act and the Biologic Price Competition and Innovation Act are both forged from a noble ideal, grounded in a commitment to a robust and earnest …
By Arie Michelsohn
7 months ago 1

Bittersweet Milestone: Ten Million Patents Issued in the US, but What Are They Worth?

Last month, the U.S. Patent Office issued patent number 10,000,000. This historic occasion calls for rethinking our patent system and the future of American innovation... It is …
By Alex Poltorak
7 months ago 9

Supreme Court to Resolve Copyright Registration Circuit Split

On Thursday, June 28, the U.S. Supreme Court agreed to hear a case that should resolve the long-standing question of whether a copyright plaintiff must have a …
By Jake Wharton
8 months ago 1

Supreme Court to hear Helsinn v. Teva, decide AIA Secret Sales

On Monday, June 25, 2018, the United States Supreme Court granted cert. in Helsinn Healthcare S.A., v. Teva Pharmaceuticals USA, Inc. The single question presented by Helsinn in …
By Gene Quinn
8 months ago 15

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 months ago 1

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
8 months ago 21

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 …

Surviving Alice: Counseling the Client

In accordance with the above discussion, particularly point (a), the client should be apprised of the necessity of fully fleshing out the inventive aspects of the technical …

Unleashing American Innovation, Oil States and Eroom’s Law

NCATS is working with industry to de-risk promising therapies by helping to take them further down the development pipeline. But the key ingredient remains finding a private …
By Joseph Allen
10 months ago 7