Posts in Business


Other Barks & Bites, Friday, August 16: Iancu to Brief CAFC on Precedential Opinion Panel Deference, China to Regulate Patent Agencies, and FCC Approves T-Mobile/Sprint Merger

This week in Other Barks & Bites: The Federal Circuit has asked USPTO Director Andrei Iancu to brief the appellate court on deference that should be paid to …
By IPWatchdog
21 hours ago 0

The ‘Dragon’ Targets U.S. Biopharma Lead

Perhaps the report on China's strategy for eclipsing the U.S. lead in biopharma from the Information Technology & Innovation Foundation (ITIF) resonated so strongly with me because …
By Joseph Allen
2 days ago 2

Facebook Targets Blackberry Photo Tagging Patent, Apple Takes Aim at Firstface and Continues Serial Challenges Against Nartron

Last week, the Patent Trial and Appeal Board (PTAB) issued 23 institution-phase decisions in inter partes review (IPR) proceedings, resulting in 14 IPR institutions and nine IPR denials. Two …
By IPWatchdog
2 days ago 0

The Law Firm’s Reply: A (Satirical) Sequel to the IP Client’s ‘Love’ Letter

Upon receipt of the fateful “love” letter from its fictitious IP client, the fictitious law firm was speechless—momentarily. Feeling aggrieved and misunderstood, and yet hopeful that …
By Carlo Cotrone
2 days ago 2

The Honeymoon is Over: Time for Iancu to Take Action on PTAB Harassment of Patent Owners

Just over 18 months ago, Andrei Iancu assumed control of the United States Patent and Trademark Office (USPTO). As the Director of the USPTO, Iancu has changed the …
By Gene Quinn
3 days ago 10

Top 10 Reasons Arbitration Will Benefit Parties More Than Litigating at the PTAB

Alternatives to patent litigation are desirable now more than ever. Arbitration can help to resolve patent disputes more easily than the much more complex, expensive and timely …
By David Newman
3 days ago 3

Second Circuit Ruling on “Velocity” Trademark Clarifies Standards For Awards in Lanham Act Cases

The U.S. Court of Appeals for the Second Circuit issued a decision in an appeal from the U.S. District Court for the Southern District of …
By Nancy Braman
3 days ago 1

Another PTAB Casualty: Emmy Awarded Wireless Microphone Technology Could Be Invalidated

On October 25, the AIPLA Annual Meeting will host a Patent Trial and Appeal Board (PTAB) Inter Partes Review (IPR) trial to determine the fate of a pair …
By Josh Malone
4 days ago 18

Update on 101 Rejections at the USPTO: Prospects for Computer-Related Applications Continue to Improve Post-Guidance

The Supreme Court’s 2014 decision in Alice v. CLS Bank made it significantly more difficult to obtain patents for some computer-related technologies. it is, at best, questionable …
By Kate Gaudry & Samuel Hayim
4 days ago 6

AIPLA: The Supreme Court Must Ensure the U.S. Government Adheres to the American Rule in Peter v. NantKwest

When a patent or trademark applicant loses in front of the U.S. Patent and Trademark Office (USPTO), they can either appeal to a court of appeals …

Integrity, Quality and Secure IP Rights Are Standard-Essential

The decision came down to two technologies for detecting and correcting noise in signals transmitted over the air for 5G—one of the most fundamental features for …
By James Edwards
5 days ago 1

Federal Circuit Struggles to Parse SEP Licensing Rates in TCL Communication v. Ericsson

On August 7, the U.S. Court of Appeals for the Federal Circuit heard oral arguments in TCL Communication v. Telefonaktiebolaget LM Ericsson, an appeal stemming from an …
By Steve Brachmann
5 days ago 0

Are All Safety-Related Inventions Obvious After Celgene?

The case of Celgene Corp. v. Peter, Nos. 2018-1167 et al. (Fed. Cir. July 30, 2019) has drawn attention for its decision that inter partes review (IPR) may be …
By Daniel Hanson
6 days ago 17

Why the Internet Has Become the Smart Way to Do Trademark Surveys

A few years ago, internet surveys in intellectual property (IP) litigation were novelties—but not anymore. In fact, the internet survey has more than come of age, …
By James Berger
7 days ago 0

Other Barks & Bites, Friday, August 9: IP Litigation Getting More Expensive, WIPO Launches .CN Dispute Resolution Service

This week in Other Barks & Bites: WIPO launches dispute resolution service for Chinese domain names; Morrison Foerster report shows that IP litigation costs are increasing as the …
By IPWatchdog
8 days ago 0