Last 24 Hours

The FTC Should Give Up Its Doomed Fight with Qualcomm and Adopt Delrahim’s New Madison Approach

The Federal Trade Commission (FTC) just can’t take “no, you’re wrong” for an answer. Despite its embarrassing reversal by the Ninth Circuit Court of Appeals …
By James Edwards
7 hours ago 1

CAFC: Parties Joined in IPRs are Not Estopped from Raising New Invalidity Grounds in District Court

On September 24, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part and reversed-in-part the U.S. District Court for the Eastern District of Texas’…
By IPWatchdog
11 hours ago 0

California Court’s Finding of Fair Use for Nicki Minaj Affirms Public Benefit of Artistic Experimentation

In a ruling earlier this month, U.S. District Judge Virginia A. Phillips of the Central District of California granted partial summary judgment in favor of Onika …
By Steve Brachmann
16 hours ago 0

Hindsight Bias

Informal Drawings is a comic strip devoted to patent attorneys, examiners, and inventors. New comics are published weekly. Prints and coffee mugs may be purchased at patentspace.…
By Peter Sleman
17 hours ago 2

More Recent Posts

ITC Decision to Review Final Initial Determination in Botox Case Could Have Big Implications for Trade Secrets

Last week, the United States International Trade Commission (ITC) issued a notice in the Matter of “Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same …
By Rebecca Tapscott
1 day ago 0

This Week in Washington IP: House Judiciary Committee to Review Copyright Office Section 512 Report, Senate Committees Consider Copyright Small Claims Proposal and Subpoenas for Big Tech CEOs

This week in Washington IP events, the House Judiciary Committee will hold a hearing at noon on Wednesday to explore the findings of the Copyright Office’s …
By IPWatchdog
1 day ago 0

Quickly Modeling Patent Market Prices

Imagine you have found four patent families that address a specific risk to your business, and you are about to ask your boss to approve buying those …

Federal Circuit Shoots Down Apple Bid to Strike Certain Voip-Pal Claims Upheld by PTAB

In the latest episode of a long-running saga between Apple and Voip-Pal, the U.S. Court of Appeals for the Federal Circuit on Friday denied Apple’s …
By Eileen McDermott
2 days ago 3

‘Lead Development’ in Compound Claim Challenges

In an earlier article, “Tips for Selecting a ‘Lead Compound’ in Compound Claim Challenges,” I introduced an approach derived by U.S. federal courts called the “lead …
By Amit Tailor
3 days ago 2

Other Barks & Bites for Friday, September 25: Anonymous Precedential Decision Nominations at the PTAB, CAFC Rules on IPR Prior Art Estoppel in District Court and DOJ Issues Section 230 Proposals

This week in Other Barks & Bites: China’s IP administration releases draft provisions on the protection of geographical indications; Chief APJ Scott Boalick announces a new form …
By IPWatchdog
4 days ago 0

Analyzing Vastly Different First Action Final Rejection Outcomes Following Recent Policy Change (Part II)

The USPTO recently revised Manual of Patent Examination Procedure (MPEP) Section 706.07(b) to retroactively impose a first action final rejection (FAFR) policy that significantly reduces patent applicants’ …

UK Judge Upholds Refusal of DABUS Patents

In the latest decision regarding inventions made by the DABUS artificial intelligence machine, the England & Wales High Court has upheld two decisions of the UK Intellectual Property …
By James Nurton
5 days ago 3

Google’s Fair Use Shell Game

Google has admitted it copied over 11,000 lines of Oracle’s creative Java code to build its Android smartphone platform, that it makes commercial use of the code …
By Steven Tepp
5 days ago 3

Panelists Urge Americans to Trust IP, Trust Vaccines, Listen to Science in COVID-19 Debate

IPWatchdog’s most recent webinar focused on the role of IP in the development of the most promising vaccines to combat COVID-19 and included speakers from the …
By Eileen McDermott
6 days ago 2

USPTO Rulemaking on PTAB Precedential Opinions Deserves Public Support

The U.S. Patent and Trademark Office (USPTO) has submitted proposed rulemaking for review by the White House’s Office of Management and Budget (OMB). Although the …
By Eric Blatt
6 days ago 10

Patent Filings Roundup: Clash of Clans Conflict Continues; First ANDA-Related Pharmaceutical Patent Discretionary Denial; Freedom-to-Operate Action on Synthetic Peptide Tech

District court patent filings bounced back this week to 86, while the Patent Trial and Appeal Board (PTAB) saw a slight jump to 44, fueled in part by eight …
By Jonathan Stroud
6 days ago 0

Clause 8, Episode 22: Brad Watts – Section 101 Reform Efforts in the 116th Congress

Brad Watts is the Majority Chief Counsel and Staff Director for the Senate Subcommittee on Intellectual Property. Under the leadership of Senator Thom Tillis, Brad Watts has …
By Eli Mazour
6 days ago 0

EPO/ IEA Study on Innovation in Batteries and Electricity Storage Aims to Identify Trends to Help Tackle Climate Crisis

On Tuesday, the European Patent Office (EPO) and the International Energy Agency (IEA) released a joint study titled “Innovation in batteries and electricity storage - a global …
By Rebecca Tapscott
7 days ago 2

AAM v. Neapco Comes Full Circle: The Foundation of Invention Becomes its Trap (Part II)

In Part I of this article, we briefly summarized how O’Reilly v. Morse was relied upon in the denial for rehearing in the recent case of …
By N. Scott Pierce
7 days ago 3