Posts in District Courts


Consider the Courage of Judge Newman at the Federal Circuit

With more dissents than any other Federal Circuit Judge in history,  Judge Pauline Newman is driven by a need to safeguard our national system of innovation. Judge …
By Gene Quinn & Nancy Braman
2 days ago 7

Evidentiary Hearing Held in Engineer’s Suit Against U.S. Patent and Trademark Office Alleging Bad-Faith Patent Examinations

The extent to which the existence of a patent system will promote “the progress of science and useful arts, by securing for limited times to ... inventors the …
By Kate Gaudry
3 days ago 29

Other Barks & Bites for Friday, July 12: Final Rule on Drug Prices in TV Ads Blocked, Huawei Pronounced Top Chinese Patent Earner, and Brazil Joins Madrid Agreement

This week in Other Barks & Bites: The Trump Administration’s Final Rule that would have required list prices of drugs to be displayed in television ads is …
By IPWatchdog
6 days ago 0

Coons and Stivers Reintroduce Measure to Make the U.S. Patent System STRONGER

Senator Chris Coons (D-DE) and Congressman Steve Stivers (R-OH) reintroduced the STRONGER Patents Act of 2019 today in an event on Capitol Hill. Coons first introduced the STRONG …
By Gene Quinn
8 days ago 23

NYIPLA Urges Supreme Court Not to Award USPTO Staff Attorney Salaries as ‘Expenses’ in Patent Appeals to ED of Virginia

On June 25, 2019, the New York Intellectual Property Association (NYIPLA) filed an Amicus Brief in support of the Respondent in Peter v. NantKwest, Inc., No. 18-801, pending before …

It May Be Time to Abolish the Federal Circuit

I don’t really know why we need the Federal Circuit anymore. Witness the denial of en banc rehearing in Athena Diagnostics, Inc. v. Mayo Collaborative Services, …
By Gene Quinn
9 days ago 35

Other Barks & Bites for Wednesday, July 3: Athena v. Mayo Denied En Banc Review; USPTO Announces Trademark Attorney Rule; China Says IP Theft Will Be Compensated

Happy 4th! This week Barks & Bites comes early, starting with a bite: The Federal Circuit denies rehearing of Athena Diagnostics v. Mayo Collaborative Services, shattering the hopes …
By IPWatchdog
15 days ago 5

Federal Circuit Cellspin Ruling Provides Important Clarifications on Aatrix and Berkheimer

On June 25, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Cellspin Soft, Inc. v. Fitbit, Inc. (2018-1817, 2018-1819 to 1826), reversing a …
By John M. Rogitz
17 days ago 3

Other Barks & Bites for Friday, June 28: Supreme Court Grants Trademark Cases for Next Term, Senators Reiterate Need for Patent Eligibility Reform, and Four Pharma Bills Advance in Senate

This week in Other Barks & Bites: The Supreme Court today agreed to hear two trademark cases next term; Senators Thom Tillis and Chris Coons issue a statement …
By IPWatchdog
20 days ago 0

The FTC’s Qualcomm Case Reveals Concerning Divide with DOJ on Patent Hold-Up

On May 2, the Antitrust Division of the U.S. Department of Justice (DOJ) took the unusual step of submitting a Statement of Interest in the Federal Trade …
By Timothy Syrett
20 days ago 0

Congress Must Work to Understand the Language of Inventors

One of the more dramatic moments in my $20 million dollar patent brawl occurred in the pivotal preliminary injunction hearing at the courthouse in downtown Tyler, Texas. I …
By Josh Malone
21 days ago 26

Federal Circuit in Mayne Pharma: Reasonable Mistake Identifying a Real-Party-In-Interest Does Not Doom IPR Petition

The Federal Circuit last week upheld a PTAB final written decision invalidating Mayne Pharma’s U.S. Patent 6,881,745 over its objection that the petition for inter partes …
By Jeff Vockrodt
21 days ago 2

Other Barks & Bites, Friday June 21: China Releases National IP Strategy, Iancu Discusses Patent Eligibility, and Rubio Amendment Would Prevent Huawei Patent Suits

This week in Other Barks & Bites: Senators Tillis and Coons ask federal agencies to step up enforcement against IP theft; Senator Stabenow and Congressman Cummings ask GAO …
By IPWatchdog
27 days ago 1

Federal Circuit to University of Minnesota: No State Sovereign Immunity For You

The Federal Circuit today ruled that The University of Minnesota (UMN)—an arm of the state of Minnesota—is not protected by state sovereign immunity from a …
By Eileen McDermott
1 month ago 24

Other Barks & Bites for Friday, June 14: TERM Act Targets Patent Evergreening, Senate Patent Eligibility Hearings Wrap, and Huawei Seeks Patent Licenses From Verizon

This week in Other Barks & Bites: the Supreme Court’s decision in Return Mail prohibits the federal government from petitioning for America Invents Act (AIA) patent validity …
By IPWatchdog
1 month ago 0