Posts in IP News
Is the pro-patent community going to continue to lose every battle?
It is understandable that inventors, investors and others supportive of strong patent rights would be skeptical, and I've heard and read much skepticism. If not now, when? …
Vanda v. West-Ward: This Time, Dosage Adjustment Claims are Patent Eligible Subject Matter
The Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, No. 2016-2707, addresses the complicated topic of patent eligibility in the pharmaceutical space. Much of …
Hatch-Waxman Litigation: 60 Percent Increase in ANDA Lawsuits from 2016 to 2017
In 2017, U.S. district courts saw a total of 417 patent infringement suits related to ANDA filings made by drugmakers with the U.S. Food and Drug Administration (…
Written Description Support for Claimed Range Requires More than Broad Disclosure
Appellant General Hospital Corp. (“GHC”) appealed the Board’s dismissal of an interference because the claims of its involved patent application lacked sufficient written description. The disclosure …
Director Iancu worries current state of Section 101 ‘weakens the robustness of our IP system’
Director Iancu: "But for our purposes what I know for a fact is that in order to incentivize American innovation whether it’s artificial intelligence, DNA processing, …
The PTAB Continues to Break Patent Promises to the Detriment of Inventors
Surviving inventors are incredibly rare. I have met dozens of inventors with incredible discoveries whose naïve belief in the patent system have cost them way more …
Patent Valuation, Discount Rates and the Global IP Index
Suppose you are valuing a large patent portfolio with issued patents and pending applications in more than 20 countries throughout the world. One of your tasks would be …
23AndMe Sues Ancestry.com Over DNA Genetic Testing Kits
On Friday, May 11th, Mountain View, CA-based personal genetics testing company 23AndMe filed a lawsuit alleging patent infringement claims against Lehi, UT-based genealogy firm Ancestry.com. The …
The Rise of Counterfeit Products on Facebook
Counterfeit products are an enormous problem for businesses all over the world. Counterfeiters rip off name brand products, making cheap knock-offs, easily (and conservatively) costing many hundreds …
How to Effectively Derive Return On Investment (ROI) From US Federal Research Intellectual Capital
A massive amount of intellectual capital gets created every day from $150 billion in annual research funding allocated to federal laboratories and universities in the United States. Unfortunately, …
CAFC Affirms Rejection of Application for Incorrect Inventorship
The Federal Circuit recently affirmed a decision of the United States Patent and Trademark Office to reject VerHoef's pending application 13/328,201 for a dog harness under pre-AIA Section 102(…
Messy Trademark Case Over ‘The Sloppy Tuna’ Gets Cleaned Up by the Second Circuit
???In Montauk U.S.A. v. 148 South Emerson Associates the Second Circuit vacated-in-part an earlier ruling in a trademark case. In that ruling, the district court denied …
New Boutique Firm Dowd Scheffel is Founded in Washington DC
Dowd Scheffel PLLC is pleased to announce its founding by Matthew J. Dowd and Robert J. …
An Exclusive Interview with USPTO Director Andrei Iancu
Director Iancu is knowingly and intentionally seeking to provide hope in the words he speaks because he believes a strong patent system is necessary for the U.…
Inequitable Conduct Renders ’993 Patent Unenforceable
In Energy Heating v. Heat On-The-Fly, the court did not abuse its discretion in finding clear and convincing evidence that the inventor knew that the prior uses …
