Posts in IPWatchdog Articles


Athena Tells SCOTUS That Mayo’s Key Argument “Collapses” Under Federal Circuit Split

Athena Diagnostics today filed its reply brief to Mayo Collaborative Services at the Supreme Court in the closely-watched petition asking the High Court to clarify U.S. …
By Eileen McDermott
5 days ago 11

Final Briefs Filed with SCOTUS in Romag Fasteners Case on Trademark Infringement Damages

On November 27, briefing concluded at the Supreme Court with the filing of Fossil’s respondent’s brief in Romag Fasteners, Inc., v. Fossil, Inc., et al. The …
By Benjamin Hodges
5 days ago 0

Solicitor General Recommends Against Cert in Vanda, Perhaps Bolstering Athena’s Bid for Review

The United States Office of the Solicitor General has filed its brief in response to the Supreme Court’s March request for views in Hikma Pharmaceuticals v. …
By IPWatchdog
6 days ago 0

Amateurism for Assets: NCAA to Allow Student Athletes to ‘Benefit’ from Personal Intellectual Property

The National Collegiate Athletic Association (NCAA) recently took a step toward letting student athletes "benefit" from use of their name, image, and likeness. The move comes after …

A Look at the Briefs in Thryv v. Click-to-Call Before Supreme Court Oral Arguments

On Monday, December 9, the U.S. Supreme Court will hear oral arguments in Thryv, Inc. v. Click-to-Call Technologies, LP. The case, which has gone through multiple name …
By Steve Brachmann
6 days ago 6

Russian Court Rules Keyword Ads Generated by a Web Service Do Not Violate Trademark Rights

Businesses often resort to placing keywords in the html code of a web page, meta tags, or in contextual advertising templates for promoting their products on the …
By Konstantin Voropaev
7 days ago 2

Other Barks & Bites, Friday, December 6: Lawmakers Concerned with Copyright Restatement, USPTO Pushed to Keep SEP Injunction Policy, Qualcomm Pushes Back on Koh at Ninth Circuit

This week in Other Barks & Bites: the U.S. Supreme Court hears oral arguments over copyright status of the Official Code of Georgia Annotated; the Federal Circuit …
By IPWatchdog
8 days ago 1

New Bill Would Empower U.S. Customs to Enforce Design Patents at U.S. Border to Combat Imported Counterfeit Goods

Yesterday, the Counterfeit Goods Seizure Act of 2019 was introduced in the U.S. Senate to empower U.S. Customs and Border Protection to enforce U.S. design …
By Elizabeth Ferrill
9 days ago 4

Ericsson Wins, But CAFC Dodges Whether Offers Were FRAND

Earlier today, the United States Court of Appeals for the Federal Circuit issued a decision in a standard essential patent (SEP) appeal involving Ericsson and TCL Communication …
By Gene Quinn
9 days ago 2

Gene Quinn Named One of the 50 Most Influential People in IP by Managing IP

Managing Intellectual Property Magazine has named IPWatchdog Founder and CEO as one of its 50 Most Influential People in IP for 2019. Managing IP’s write-up pointed to IPWatchdog’…
By Eileen McDermott
9 days ago 13

Patentees Need to Act Fast as the EPO Opposition Timeline Tightens

In early 2019, we undertook a comprehensive research project to develop a forensic understanding of European Patent Office (EPO) oppositions, particularly in the life sciences sector, analyzing EPO …

Another Front in China’s Economic War: Senate IP Subcommittee Seeks to Solve USPTO’s Fraudulent Trademarks Problem

Senator Thom Tillis (R-NC) yesterday led a hearing of the Senate Committee on the Judiciary’s Subcommittee on Intellectual Property titled “Fraudulent Trademarks: How They Undermine the …
By Eileen McDermott
10 days ago 0

OSI Pharmaceuticals Decision Has Limited Use in Supporting Patentability of Method of Treatment Claims

Earlier this month, Mallinckrodt succeeded in its inter partes review (IPR) challenge against patent owner Biovie, Inc. (Biovie). The Patent Trial and Appeal Board’s (PTAB’s) …
By J. Morgan Kirley
10 days ago 1

Overcoming Cognitive Bias in Patent Filing and Maintenance Decisions

During this turbulent era in the history of the U.S. patent system, many enterprises have pursued new models for IP strategy and execution. Others have taken …
By Carlo Cotrone
11 days ago 0

The USPTO Wants a Rehearing in Arthrex: Now is the Time to Put the PTAB on Trial

On November 13, the United States Patent and Trademark Office (USPTO) requested the U.S. Court of Appeals for the Federal Circuit suspend all consideration of an appeal …
By Gene Quinn
11 days ago 14