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EPO Opposition Division Upholds NuCana Patent on Gilead’s Sovaldi, Highlighting Potential Flaws of CAFC Ruling in Gilead/Idenix
On April 7, 2021, the European Patent Office (EPO) Opposition Division (OD) issued a comprehensive written decision in the Opposition by Gilead Sciences, Inc. against NuCana plc’s European …
PTAB Masters 2021, Day One: How Iancu Tried to Repair a ‘Damaged Brand’
While steps taken under former U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu to restore equilibrium at the Patent Trial and Appeal Board (PTAB) have …
This Week in Washington IP: IP Protections for COVID-19 Vaccines, Increasing Inclusivity in the U.S. Patent System and App Store Antitrust Issues
This week in Washington IP news, committees in the House of Representatives will debate ways to increase broadband and mobile Internet infrastructure across rural America, as well …
Waiving IP Rights During Times of COVID: A ‘False Good Idea’
Over the course of four months, close to 850 million doses of COVID-19 vaccines have been administered in over 100 countries. To the extent the unprecedented pace of research, …
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Countries Like the Philippines are Unable to Utilize IP Flexibilities to Fight COVID-19
The Philippines has so far relied on donations and direct purchase to obtain vaccines to address the pandemic. As of March 2021, the Philippines received 2 million Sinovac doses …
Why the Patent Classification System Needs an Update
Patent categories were established more than 100 years ago. There are dozens of categories that reflect industry at the time: gears, sewing machines, and bicycles, to name a …
Other Barks & Bites for Friday, April 16: Apple Gets New Damages Trial in Optis Wireless Case, Tillis Again Urges Biden Administration to Snub TRIPS Waiver, and Fifth Circuit Affirms FTC Penalty Against Impax Pay-for-Delay Settlement
This week in Other Barks & Bites: Senator Thom Tillis Urges Commerce Department and U.S. Trade Representative heads not to be pressured into voting in favor of …
Patent Filings Roundup: Disney Displeasure Cruise; WSOU Investments’ Recordation Problems; and Chinese Company Targets Chinese Counterfeiters in U.S. Court
A slightly higher than average 38 petitions were filed at the U.S. Patent and Trademark Office (USPTO) last week, all inter partes reviews (IPRs), a number again …
Fueled by BTS and K-pop, South Korea’s IP Economy is Thriving
The arts and entertainment industry has boosted South Korea's economy and produced some of the country's key products and exports. The country’s population of 51 million people …
Tucker Ellis LLP is seeking an Associate Attorney
Tucker Ellis is seeking an Intellectual Property Litigation Associate with approximately 4-6 years of experience. This is a full-time, permanent position in Los Angeles, …
Solutions for Promoting Patent Practitioner Diversity at the USPTO in the Battle Against Systemic Racism
A critical battle against systemic racism currently engages the United States. Patent practitioners across the country—from the University of Minnesota Law School (a mere 2.5 miles from …
Bills to Lower Prescription Drug Costs and Boost Biosimilars Sent to Biden’s Desk
The U.S. House of Representatives yesterday approved two bills meant to lower prescription drug prices and sent them on to President Joe Biden for approval. The …
USPTO Launches COVID-19 Fast-Track Appeals Pilot as Companion to Prioritized Examination Pilot
The United States Patent and Trademark Office (USPTO) announced yesterday that it will launch a COVID-19 fast-track appeals pilot program beginning today. The pilot is a companion …
NYIPLA Amicus Brief in Ericsson v. Samsung Advocates the Adjudication of U.S. Patent Rights by U.S. Courts
On April 9, the New York Intellectual Property Law Association (NYIPLA) filed an amicus brief in Ericsson Inc. v. Samsung Electronics Co., Ltd., No. 2021-1565, urging a panel …
NetSoc Appeals to SCOTUS, Claiming Improper Analysis of Social Network Patent Nixed Under 101
On April 5, NetSoc LLC filed a petition for a Writ of Certiorari to the Supreme Court of the United States (SCOTUS) after losing its appeal in the …
Former Employee Does Not Have to Assign Inventions to Covidien, First Circuit Says
Last week, the U.S. Court of Appeals for the First Circuit affirmed a district court ruling denying a request for declaratory judgment by Covidien LP and …
The View from the Court’s 2 Live Crew: Examining the Thomas/Alito Dissent in Google v. Oracle
Most commentators agree that Google v. Oracle is the most important copyright decision of the last 25 years (since Campbell v. Acuff-Rose Music). But what if the Court …
Drafting Lessons from a 101 Loss in the Eastern District of Texas
On March 30, Judge Sean D. Jordan of the United States Federal District Court for the Eastern District of Texas, issued a rather atypical Order, at least for …
Satan Shoes: Trademark Blasphemy or Free Speech?
Though the parties have quickly settled their case, the question remains open: was Lil Nas X’s “Satan Shoe” an exercise of free speech or a trademark …
Pfizer Rejects Accusations it Infringed COVID-19 Vaccine Assay Technology
Pfizer and BioNTech have hit back at Allele Biotechnology and Pharmaceuticals, Inc.’s October 2020 complaint accusing the COVID-19 vaccine manufacturers of infringing Allele’s U.S. patent …
The Right Choice: IP Stakeholders Emphasize Practical Experience, Strong IP Advocacy in Next USPTO Head
The position of Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), as well as Deputy, is now …
Federal Circuit Says Amgen’s Repatha® Patent Claims Require ‘Undue Experimentation’ to Practice
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday upheld the District of Delaware’s grant of judgment as a matter of law (…
Federal Circuit Reiterates It Will Not Be Bound by USPTO Eligibility Guidance
Earlier today, in cxLoyalty, Inc. v. Maritz Holdings, Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part, reversed-in-part and dismissed-in-part a decision of …
Iancu Says Goodbye, Urges Commitment to ‘American Innovation Renaissance’
One day before Joe Biden was to be inaugurated as the 46th U.S. President, U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu confirmed he …
Microsoft Patent Reaches Beyond Death to Pseudo-Reincarnation
Reports surfaced last week that Microsoft was granted a patent in December for a way to allow people to have conversations with loved ones after they’re …
The Day One Project Examined: USPTO Transition Proposals Advocate Questionable PTAB, Section 101 Policies
Recently, the Day One Project, an initiative of the Federation of American Scientists, released a transition document drafted by a collection of veteran policymakers discussing a range …
Concerns Surface Over Big Tech Ties of Biden’s Pick to Head DOJ Antitrust Division
Yesterday, Rep. Beth Van Duyne (R-TX-24) sent a letter to President Joe Biden explaining her concerns over recent reports that the leading candidate for the top antitrust …
International IP Index 2021: United States Remains Second in Patent Rankings, Global IP Framework Holds Strong Amid Pandemic
The U.S. Chamber of Commerce Global Innovation Policy Center (GIPC) released its ninth annual International IP Index yesterday, finding that the United States, Japan and Europe …
CAFC Partially Vacates PTAB for Legal Error in ‘Reasonable Expectation of Success’ Analysis
On January 27, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in-part and vacated in-part a decision of the Patent Trial and Appeal Board (…
Federal Circuit Scolds Texas Court for Letting Transfer Motion Linger
The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled on February 1 that Western District of Texas Judge Alan Albright’s handling of a motion …
Twist Emerges in Senate IP Subcommittee Leadership for 117th Congress
On Sunday, February 14, U.S. Senate Democratic Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, and Senator Chuck Grassley (R-IA), Ranking Member of the Senate …
SCOTUS Dubs PTAB/APJ Structure a ‘Rare Bird’, Pushes for Workable Remedies in Arthrex Oral Arguments
The Justices of the U.S. Supreme Court today heard arguments in United States/ Smith & Nephew v. Arthrex, in which the Court will decide whether the administrative …
License to Copy: Your Software Code Isn’t Safe After Google v. Oracle
In characteristic form, the Supreme Court has once again managed to blow it in another intellectual property case. This time, the Justices blessed Google's copying of Oracle's …
Other Barks & Bites for Friday, January 22: Iancu and Peter Step Down from USPTO, CJEU Asked Whether Preliminary Injunction Standard Burdens Patent Owners, SCOTUS Denial Leaves Invalidation of Idenix Genus Patent Claims Untouched
This week in Other Barks & Bites: an industry group representing French news publishers and Google reached a first-of-its-kind agreement on a copyright licensing framework for republishing news …
Registering your website with the Chinese government?
Doing business in China is exciting and potentially lucrative; however, there are “hidden” traps. Most of these hidden traps have been extensively discussed in the Western world – …
What happens when lifestyle drugs like Viagra and Cialis lose patent protections?
Each year, millions of men rely on pharmaceuticals like Viagra and Cialis for their erectile dysfunction (ED), but they may not be the only ones facing dysfunctionalities. …
The Myth of the 18-Month Delay in Publishing Patent Applications
Starting in November 2000, the USPTO started publishing patent applications 18 months after their earliest filing date. So the simple assumption is that you file a patent and 18 months …
Top Patent Law Firms for 2017
We compiled a list of the top patent firms that are ranked based on the total number of U.S. utility patents that issued in 2017 where the …
Reflections on Taking the Patent Bar Exam
If you are reading this article beyond the title, you are either preparing to take the USPTO’s patent bar exam or you are considering whether you …
Alternate Approaches to the Valuation of Intellectual Property
Techniques for valuing intellectual property continue to develop, especially as access to information becomes easier and more efficient. The practice of valuing intellectual property has only been …
Federal Circuit Affirms TTAB Refusal to Register ‘CHURRASCOS’
In a May 13, 2016 decision, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision upholding an Examiner’s denial of registration based on a finding …
Design Patent Infringement: How to decide if you should sue
First, look at the merits of the infringement claim. They may be stronger than you think, and you can thank a 2008 ruling for that. That year, the …
Top Patent Firms for 2016
A list of the top patent firms that are ranked based on the total number of U.S. utility patents that issued in 2016 where the patent firms …
Beat the Odds: How to Get Your Invention Licensed
Many inventors believe the way to get a company interested in their inventions is to write a letter – and then hope they receive an invitation to begin …
Does University Patent Licensing Pay Off?
Patent licensing or creating new companies is not a get rich quick path for schools despite the occasional blockbuster invention or Google spin-out. Indeed, enriching universities is …
These Are the 20 Hardest and Easiest Art Units
Art Unit 3689 has the lowest allowance rate at 7.7%. Art Unit 3659 has the highest at 98.3%. Oddly enough, these two art units are from the same technology center. It’…
Comic-Con Considerations: Cosplay, the Right of Publicity, and Copyright Concerns
For as much as Comic-Con is about comics, TV, and upcoming movies, it’s not hard to see that a large portion of its allure for fans …
Do Patents Truly Promote Innovation?
Invention, it has been shown, is driven primarily not by genius or happenstance but rather by markets and the expectation of the profit that can be gained …
Looking Forward: Predictions and Thoughts for 2019
Given that several industry insiders were willing to make their own predictions, I’ll go out on a limb and make my own predictions… First, I predict …
The Cost of Obtaining a Patent in the US
Estimating US patent costs is a difficult matter because so much depends on the technology involved, but answering "it depends" is not particularly insightful or helpful. What …
Protecting Ideas: Can Ideas Be Protected or Patented?
Unfortunately, despite what you may have heard from late night television, satellite radio commercials or snake oil salesmen, there is no effective way to protect an idea… …
Patent Searching 101: A Patent Search Tutorial
Inventors and entrepreneurs who are looking to cut costs frequently want to do their own patent search. This is a wise first move, but inventors need to …
The Top 5 Mistakes Inventors make with their Invention
Generally speaking the first step toward commercializing an invention and making money is typically to pursue the patent path. For those new to the industry it is …
Patent Claim Drafting 101: The Basics
When writing a claim it is important to describe how the various components are structured and how the various components interact and connect. First, include a claim …
Moving from Idea to Patent – When Do You Have an Invention?
In order to protect an idea it must mature into an invention first. This means that you need to be able to explain to others how to …
The Law of Recipes: Are Recipes Patentable?
In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable, but the only way to know for …
Three Inventions That Made My Summers Fun
As we enter the August heat, it’s worth remembering some of the patents that have made summers more bearable through the years, for kids and adults …
Tricks & Tips to Describe an Invention in a Patent Application
One excellent way to make sure you are including an appropriately detailed description that treats a variety of variations and alternatives is to have many professional patent …
Getting Your Invention to Market: Licensing vs. Manufacturing
Of course, whether you are going to pursue licensing or manufacturing, for the first lesson is to realize that there are no tricks to invention marketing. It …
Patent Drawings and Invention Illustrations, What do you Need?
If you are going to file a patent application you must have drawings to include in the application, but patent drawings are not the only type of "…
Provisional Patents: What are they and why do you need them?
The first thing to say is this: there is no such thing as a provisional patent. You can, however, file what is known as a provisional patent …
Protecting an Idea: Can Ideas Be Patented or Protected?
Many people ask: can ideas be patented? The short answer is no. Unfortunately, despite what you may have heard from late night television commercials, there is no …
Design Patents: The Under Utilized and Overlooked Patent
Typically an inventor wants to protect the function of the invention when at all possible. But what if you cannot get a utility patent because the underlying …
Patent Drawings 101: The Way to Better Patent Applications
To properly accomplish the goal of having the best disclosure possible you should also not think in terms of a single patent drawing or illustration, but rather …
