Posts in IPWatchdog Articles

Using Alice’s Approach to Patent-Eligibility to Draft Patent Claims

The Federal Circuit has been criticized for creating categories of abstract ideas when applying Alice v. CLS’s two-prong framework and for refusing to define the contours …
By Keith Vick
11 days ago 4

Patent Tigers: Study Challenges ‘Patent Skeptics’ on the Benefits of Patents for Developing Economies

It is commonly asserted that patents are a “bad deal” for developing countries. According to this view, patents boost the returns of firms in developed countries that …
By Jonathan Barnett
12 days ago 3

Finding a Way Forward: Analyzing Approaches to Artificial Intelligence Inventorship

Earlier this year, the World Intellectual Property Organization (WIPO) received hundreds of submissions commenting on the Draft Issues Paper on Intellectual Property Policy and Artificial Intelligence. Contemporaneously, …
By Zong Wei (Wade) Lin
13 days ago 11

Other Barks & Bites for Friday, June 19: USPTO to Adjust Trademark Fees, Copyright Office Hosts Section 1201 Webinar and WTO Finds TRIPS Violated by Saudis

This week in Other Barks and Bites: the U.S. Patent and Trademark Office proposes adjustments to trademark fees, issues a final rule on patent term adjustments …
By IPWatchdog
14 days ago 0

Bipartisan Safeguarding American Innovation Act Would Crack Down on China Theft of U.S. IP

A bipartisan group of senators has introduced legislation to stop the theft of U.S. intellectual property by foreign governments, with a focus on China. The bill, …
By IPWatchdog
14 days ago 8

Effects of the Alice Preemption Test on Machine Learning Algorithms

Since the Alice decision, the U.S. courts have adopted different views related to the role of the preemption test in eligibility analysis. While some courts have …
By Ali Talip Pinarbasi
14 days ago 2

Calling on Congress: Take Bipartisan Action on IP Now to Ensure Economic Recovery

Societies are always most vulnerable in times of crisis. Right now, America is in the midst of the COVID-19 outbreak, subsequent economic devastation, and justified nationwide protests …
By Arvin Patel
15 days ago 4

USPTO and Facebook Submit Briefs Explaining Effects of Thryv Ruling on Facebook v. Windy City

Last week, Facebook and the USPTO both filed briefs in response to a U.S. Court of Appeals for the Federal Circuit (CAFC) Order requesting that the …
By Rebecca Tapscott
15 days ago 0

CJEU Says Copyright Protection May Apply to Product Designs if Technical Result Doesn’t Prevent Creative Choice

On June 11, the Fifth Chamber of the Court of Justice of the European Union (CJEU) issued a decision in Brompton Bicycle Ltd. v. Chedech/Get2Get in …
By Steve Brachmann
15 days ago 0

Federal Circuit Bars New Suits Against Amazon Under Claim Preclusion, Kessler Doctrine

The U.S. Court of Appeals for the Federal Circuit today ruled in In Re PersonalWeb Technologies, Inc. that a district court’s 2014 dismissal of a patent …
By Eileen McDermott
16 days ago 0

Patent Filings Roundup: Inventors File IPRs On Own Patents; Johnson & Johnson Feels the NHK Spring Bite in Texas Suture Suit

District court patent filings are back down to roughly double the number of Patent Trial and Appeal Board (PTAB) filings, with 65 new complaints to the PTAB’s 28 …
By Jonathan Stroud
16 days ago 0

D.C. Circuit Finds No Proximate Cause in Patent Attorney Malpractice Case

On June 12, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) affirmed a decision of the U.S. District Court for …
By IPWatchdog
16 days ago 4

FDA Issues Request for Comments on Modernizing Patent Listings in the Orange Book

On June 1, the Food and Drug Administration (FDA) published a notice in the Federal Register announcing that the agency was establishing a public docket for the receipt …
By Steve Brachmann
17 days ago 0

PTAB Says Collateral Agreements Must Be Filed in Decision Designated Precedential

On June 11, the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) designated DTN, LLC v. Farms Technology, LLC as precedential. The case …
By Rebecca Tapscott
17 days ago 0

PTAB Rulemaking: Past, Present, and Future

Recently, the USPTO published a Notice of Proposed Rulemaking (NPRM) to change the “Trial Practice at the Patent Trial and Appeal Board,” which is contained in Part 42 …
By Josh Malone
17 days ago 6