Patents, Property Rights, and What Patent Policy Keeps Getting Wrong | IPWatchdog Unleashed

This week on IPWatchdog Unleashed, I spoke with Kristen Osenga, who is a Professor of Law and Associate Dean for Academic Affairs at the University of Richmond School of Law. Kristen is a familiar voice to many in the patent community. She has been a regular participant in serious conversations about patent law, standard essential patents (SEPs), antitrust, competition policy, injunctions, and the broader innovation ecosystem.

Destroying the Intended Purpose of a Reference May Not Be a ‘Golden Ticket’ to Patentability

A patent claim of invention is considered obvious, and thus unpatentable, in light of a combination of prior art references if a person of ordinary skill in the art (POSITA) would have had a reason, or motivation, to combine the references as recited in the claim. There are responses, or defenses, to such a finding of obviousness, including if the combination renders the reference unsatisfactory or inoperable for its intended purpose – also called “frustration of purpose.

Bayes PLLC is Seeking a Patent Preparation and Prosecution Attorney or Agent

Bayes PLLC is looking for a Patent Preparation and Prosecution Attorney or Agent who wants more than a job. Bayes offers direct access to technically rich work, flexible scheduling, and a close-knit team environment where your contributions actually matter. At Bayes, you will draft and prosecute patent applications across some of the most exciting technology spaces today: semiconductors, AI, telecommunications, medical devices, consumer electronics, and renewable energy. As you grow, you will have the opportunity to expand into invalidity proceedings, patent litigation support, and IP due diligence. This is a full-time or part-time, hybrid position.

CAFC Clarifies Statutory Versus Constitutional Standing Jurispridence

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion authored by Judge Chen that clarified its case law on statutory versus constitutional standing analyses. The decision ultimately reversed and remanded a district court ruling that had dismissed a plaintiff’s patent infringement suit for lack of constitutional standing.

CAFC Reverses Dismissal of Medtronic’s Patent Infringement Counterclaims, Finds Standing Intact Under A.L.M.

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in Recor Medical, Inc. v. Medtronic Ireland Manufacturing Unlimited Co., reversing a ruling from the United States District Court for the Northern District of California and holding that Medtronic Ireland Manufacturing Unlimited Co. retained sufficient exclusionary rights to satisfy Article III constitutional standing, even after licensing certain patent rights to an affiliated entity. The ruling came after a precedential opinion issued today on the same topic.

Insourcing of Corporate IP Work in the Age of AI: More Reasons to Say Yes

“Should we insource IP work?” This perennial question is posed by in-house professionals and organizational leaders in corporations, universities, and other institutions—and dreaded by outside IP counsel, who fear loss of insourced client business. Deceptively binary and straightforward, the insourcing question often can’t be answered without in-house teams first exploring a host of underlying considerations. Their decision-making calculus may confront grey areas and vexing tradeoffs, ultimately coming down to rough cost-benefit analyses and gut instincts.

Squires and Stewart Hear Panelist Views on Desired PTAB Changes

The U.S. Patent and Trademark Office (USPTO) today held its third PTAB Listening Session, this one focused on Patent Trial and Appeal Board (PTAB) Administration and Reform. Panelists on both the petitioner and patent owner sides, as well as academics, IP policy experts and judges, weighed in on what changes need to be made to the PTAB to strike the balance that will most benefit the U.S. IP system. While the suggestions varied, most of the panelists agreed that greater clarity and consistency is what’s urgently needed at the moment.

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