Posts in Government


Patent Filings Roundup: Robot Vacuum Wars, PTAB Filings Dip, Pharma Litigation Abounds

This week’s District Court filings were robust, with a dip in Patent Trial and Appeal Board (PTAB) filings--a big chunk of which were related to a …
By Jonathan Stroud
6 days ago 1

What Happens at The Board Does Not Stay at The Board: How Patent Owners Can Leverage IPR Proceedings in Litigation

Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) often occur in parallel to district court cases. Patent owners whose patent rights survive …

Innovators Rush to Solve Coronavirus Pandemic While Countries Contemplate Compulsory Licensing

Since China announced the first fatality caused by a virus about which little was known at the time, coronavirus and the disease it causes, COVID-19, has grown …
By Steve Brachmann
9 days ago 2

USPTO Urges Supreme Court to Reverse in Now-Delayed Booking.com Case

On March 13, the United States Patent and Trademark Office (USPTO) filed a reply brief urging the Supreme Court on to reverse a judgment of the U.S. …
By IPWatchdog
12 days ago 7

Antitrust and Patents: A Conversation with Makan Delrahim

Last week, as a part of the Virtual Patent Masters™ Program hosted by IPWatchdog, I had the opportunity to interview Makan Delrahim, who is Assistant Attorney General …
By Gene Quinn
12 days ago 0

Facebook v. Windy City Settles It: The CAFC Does Not Care About the PTAB’s Opinions

The Supreme Court in SAS (SAS Institute Inc. v. Iancu) was quite clear that the Patent Trial and Appeal Board (PTAB or Board) has to follow the …
By Brad Close
13 days ago 11

PTAB Designates Two Opinions Precedential on Discretion to Grant or Deny IPRs

Yesterday, the USPTO Patent Trial and Appeal Board designated two opinions as precedential. In one case, Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH, the Board …
By Rebecca Tapscott
13 days ago 0

Patent Filings Roundup: Medtronic Hit with Seven IPRs, Huawei Fields Multiple District Court Complaints

In the age of electronic filing, working from home and sheltering in place appears to have accelerated—or at least not slowed down significantly—district court and …
By Jonathan Stroud
13 days ago 5

Sanofi Decision Presents Opportunities to Clear the Patent Thicket for Generic Pharmaceuticals

The U.S. Court of Appeals for the First Circuit has made brand companies think twice about creating patent thickets in the Orange Book by resuscitating an …
By Joel Wallace & Jason Harp
14 days ago 2

Everything Depends on Coronavirus R&D Partnerships—Don’t Let the Critics Wreck Them

The world is teetering on the brink of a public health and economic catastrophe, depending on emergency partnerships between our public and private sectors to develop a …
By Joseph Allen
14 days ago 41

The IP Bar Weighs in on CAFC Denial of Arthrex Rehearing

Yesterday, the U.S. Court of Appeals for the Federal Circuit denied rehearing en banc in Arthrex v. Smith & Nephew. Five of the 12 Federal Circuit judges wrote …
By Eileen McDermott
14 days ago 3

Death at a Funeral – or Birth? Why the German Court’s Decision on the UPC May Not be the End

n Friday, March 20, the German Constitutional Court (“Bundesverfassungsgericht”, “BverfG”) declared Germany’s approval legislation of the Agreement on a Unified Patent Court (UPC) unconstitutional. Those who have …
By Christian Liedtke
15 days ago 1

Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling

The U.S. Court of Appeals for the Federal Circuit has denied rehearing en banc in Arthrex v. Smith & Nephew, a decision that made the Patent Trial …

‘Now We Know’ – Lessons in Preserving Constitutional Error Before the USPTO

In 2019, the issue of preservation of constitutional arguments before the USPTO, which had basically been dormant for a decade, was abruptly and dramatically revived. Now the subject …
By Daniel Hanson
16 days ago 5

German Decision Puts Unified Patent Court Agreement in Jeopardy

Judges in Germany have dealt what may be a fatal blow to the project to create a Unified Patent Court (UPC) in Europe. In a decision published …
By James Nurton
18 days ago 15