Last 24 Hours

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
4 hours ago 1

Courts Can Consider Prevailing Party’s Litigation Conduct When Deciding to Award Attorney’s Fees

The court will consider the totality of the circumstances, including the prevailing party’s conduct in the litigation, such as the nature and timing of its relevant …

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
9 hours ago 0

More Recent Posts

The 700 Million Dollar Boomerang Lawsuit

This is where the drama begins its teaching. Title Source believed its own narrative, in which it was a victim of HouseCanary’s breach... Why didn’t …
By James Pooley
1 day ago 3

Creating Better Applications Through Patent Strengthening

Events along the prosecution process create multiple windows of opportunity for strengthening a portfolio. Decisions are based on indications of market adoption using evidence from specialized technical …
By Martin Bijman
1 day 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
2 days ago 7

Patent Eligibility Determinations in Life Sciences Patent Cases

This article examines Supreme Court and Federal Circuit analyses of patent eligibility under 35 U.S.C. § 101 where the patent claims at issue were directed to Life Sciences-related …
By Theodore Chiacchio
2 days ago 3

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
3 days ago 2

FTC v. Actavis: Where We Stand After 5 Years

It has been five years since FTC v. Actavis. In that landmark ruling, the Supreme Court held that settlements by which brand-name drug companies pay generics to …
By Michael Carrier
3 days ago 4

SafeBreach Announces Issuance of Breach and Attack Simulation Patents After $15 Million Round of Investor Funding

SafeBreach recently announced the issuance of three U.S. patents in the field of breach and attack simulation. This news follows weeks after SafeBreach closed a $15 million …
By Steve Brachmann
3 days ago 0

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
4 days 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
4 days 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 …

Graffiti: Copyrightable Art, Illegal Activity, or Both?

While existing graffiti may indeed provide a tempting edge for a new marketing campaign, or as the backdrop for a great commercial, companies will need to decide …
By Katie Scholz
6 days ago 5

Amazon CEO Bezos is Knowingly Complicit in Online Sales of Counterfeit Goods, According to Report

Although Amazon is typically quick to reference its anti-counterfeit policy as proof of its commitment to weeding out inauthentic products from its retail platform, watchdog groups continue …
By Steve Brachmann
6 days ago 4

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
7 days ago 21

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
7 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
8 days ago 59