Posts Tagged: Guest Contributor


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
17 hours ago 0

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
2 days ago 2

How Law Firm Partners Can Gain Associates’ Commitment and Respect

In their supervisory role, partners typically set the tone for, and dictate the parameters of, their interactions with associates. A first partner may approach the partner-associate relationship …
By Carlo Cotrone
7 days ago 1

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 …

Order of the New Day: IP Rights in Dynamic Competition

Missing for a while at the U.S. competition agencies has been an appreciation for how competition works in the real world — in particular, discounting the vital …
By James Edwards
11 days ago 2

Mayo/Alice ‘Directed to’ Inquiry and a Split Federal Circuit: Vanda Pharma v. West-Ward Pharma

In Vanda, Chief Judge Prost, one of the judges on the CellzDirect panel, dissented from the majority’s decision that found claims patent eligible for not being …

The Myth of ‘Trivial’ Drug Patents

Critics of drug patents often claim that when initial drug patents expire, drug companies stuff their patent portfolios with “trivial” patents that unjustifiably extend their patent monopoly …
By David Forman
21 days ago 6

Predicting Future Patent Outcomes

In this article, I compute a “three-year grant rate” that shows the probability of obtaining a granted patent within three years of the first office action. This …
By Jeff O’Neill
22 days ago 15

The Costs of Obtaining and Maintaining a Patent in the BRICS Economies

BRICS is an acronym for an association of five countries: Brazil, Russia, India, China, and South Africa. Over the last 25 years, the BRICS economies have been at …

Copyright and Fair Use in the Age of YouTube

The opinion acknowledges, in a footnote on page 3, that videos of the type that the Klein's created, is not unique. Instead, it is part of a growing …
By Katie Scholz
28 days ago 3

Askeladden LLC Submits Another Amicus Brief Advocating Against Tribal Sovereign Immunity for PTAB Proceedings

In this regard, a PTAB proceeding is not a suit in court, but instead an administrative proceeding in which the Patent Office (through the PTAB) takes “a …

A Costly Haircut

Lebron James and Nick Saban are well-known for dominance in their respective sports of basketball and college football. Recently they found themselves opposing each other in an …
By Andrew Warren
1 month ago 0

Making your Markle: Royal emblems and souvenirs

Souvenir manufacturers need to ensure that consumers are not misled into believing that the Royal Family has commissioned or otherwise endorsed their souvenirs. A breach of the …

Patenting Antibodies: Written Description Considerations in Antibody Patents

The Amgen v. Sanofi decision put most functional antibody claims into question, including epitope and competitive binding claims, as well as antibody claims based on a newly …
By Li Feng & Stacy Lewis
1 month ago 2