Posts Archive


Senator McCaskill introduces bill to abrogate Native American Sovereign Immunity

Senator McCaskill (D-MO) has introduced a bill to abrogate the sovereign immunity of Indian tribes as a defense in inter partes review (IPR) proceedings at the United …
By Gene Quinn
1 month ago 34

The Classical Public Rights Doctrine: Growth of the Administrative State

The Crowell Court distinguishes between matters of common law adjudicated in the federal courts and matters that may be reviewed in administrative agencies. However, the Court is …
By Neal Solomon
1 month ago 1

Trademark Food Fight: Did In-N-Out Burger Abandon the Triple Triple?

Smashburger asserts that In-N-Out stopped using the Triple Triple mark and thus, abandoned its rights, when the triple meat, triple cheese hamburger was rebranded as the 3X3 …
By Jennifer Ko Craft
1 month ago 0

Protecting Your Intellectual Property in the Internet of Things

The Internet of Things (IoT) has been upon us for some time now, though many are just beginning to see it — the interconnected network of devices that …
By Rob Bloom
1 month ago 0

Dr. Carolyn Bertozzi pioneers bioorthogonal chemistry to study molecules within living systems

Most fields of chemical science designed to look at biological process involving living molecules suffer from a rather serious drawback— studying those molecules within a living body …
By Steve Brachmann
1 month ago 0

Industry Reaction to the Federal Circuit’s Decision in Aqua Products v. Matal

First-take reaction to Aqua Products v. Matal from a distinguished panel of experts. Todd Dickinson: "I don’t think that I’ve ever seen such a collection …
By Gene Quinn
1 month ago 21

Federal Circuit decides Aqua Products, says patentability burden of amended claims on Petitioner

Sitting en banc the Federal Circuit issued a narrow ruling saying that the burden of persuasion must remain at all times on the petitioner, including with respect …
By Gene Quinn
1 month ago 9

The SEC Defines Blockchain, But Did They Get it Right?

The SEC has landed on a definition which includes both permissioned distributed ledgers and permissionless distributed ledgers in the term “blockchain.” This is not surprising, nor is …
By Raina Haque
1 month ago 2

Patent settlement between AbbVie and Amgen delays Humira generic until 2023

On Thursday, September 28th, a judge in the District of Delaware entered an order stipulating dismissal in a patent infringement case brought by North Chicago-based pharmaceutical firm …
By Steve Brachmann
1 month ago 0

As EU, Ukraine Agreement comes into force uncertainty remains

As of September 1, 2017, the Association Agreement between the European Union and Ukraine came fully into force. For three years Ukrainian legislative and executive authorities were obligated to …
By Mariya Ortynska
1 month ago 1

Senate Republicans discuss patent reform in private briefing with infringer lobby

The Senate Republican High-Tech Task Force convened in order to hear from patent experts on the impact of the U.S. Supreme Court's ruling in TC Heartland, …
By Gene Quinn
2 months ago 8

Think Twice Before Pulling the Plug on Tech Transfer

Most assaults on public/private sector R&D partnerships are launched by those who believe patents are inherently bad and that through some undefined magic publicly funded …
By Joseph Allen
2 months ago 0

Patent Review in an Article I Tribunal is Unconstitutional Under the Public Rights Doctrine

This experiment in patent validity review an executive agency by the Patent Trial and Appeal Board, an Article I tribunal in the PTO, has been unsuccessful...The …
By Neal Solomon
2 months ago 11

Apple failed to block Swatch’s attempt to acquire the trademark for Steve Jobs’ catchphrase ‘one more thing’

The Swiss watchmaker Swatch's effort to acquire the trademark for "SWATCH ONE MORE THING" has run in to opposition from Apple, which argues the phrase ‘one more …
By Masaki Mikami
2 months ago 0

2nd Circuit upholds most of district court judgment in trademark case brought by Swiss army knife maker Victorinox

On Tuesday, September 19th, Victorinox AG, the manufacturer of the well-known Swiss army knife, saw a successful outcome of an appeal decided by the U.S. Court …
By Steve Brachmann
2 months ago 0