Posts in Government


Patent Owner Tells PTAB Precedential Opinion Panel Fintiv Factor 2 Should Be Modified Post-Arthrex

On October 8, a motion was filed on behalf of K.Mizra LLC asking the Patent Trial and Appeal Board’s (PTAB’s) Precedential Opinion Panel (POP) to …
By Eileen McDermott
1 day ago 1

CAFC Shoots Down Due Process Challenges to PTAB Structure

In an appeal from the Patent Trial and Appeal Board (PTAB) brought by Mobility Workx against Unified Patents, the U.S. Court of Appeals for the Federal …
By Eileen McDermott
3 days ago 3

SCOTUS Grants Government’s Request to Participate in Case Interpreting PRO IP Act Language on Copyright Invalidation

The U.S. Supreme Court today granted a motion made by the Acting U.S. Solicitor General to participate in oral argument as an amicus in the …
By Eileen McDermott
4 days ago 0

Where We Are on AI Inventorship and Where We Should be Heading

The past few years saw a meteoric rise of artificial intelligence (AI) products, services, and applications. AI has evolved from merely a buzzword or a cool new …

In re Surgisil: Boon, Burden, or Mixed Bag for Patent Applicants and Patentees?

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that …

This Week in Washington IP: Ethics in Artificial Intelligence, Challenges with Carbon Removal and the USPTO Hosts the 2021 Hispanic Innovation and Entrepreneurship Program

This week in Washington IP news, Congress is largely quiet except for a hearing of the House Artificial Intelligence Task Force regarding ethical frameworks for developing artificial …
By IPWatchdog
5 days ago 0

Eagle Forum Event Participants Delve into Patent Eligibility ‘Goulash’

The extreme uncertainty that U.S. patent eligibility “validity goulash” jurisprudence has caused is wreaking havoc on inventors, especially those working on emerging technologies. It is also …
By James Edwards
6 days ago 14

India Amends Patent Rules and Reduces Fees by 80% for Educational Institutions

On September 21, 2021, India's Department for Promotion of Industry and Internal Trade (DPIIT) under India’s Ministry of Commerce and Industry published amended Patents Rules, 2021, to amend the 2003 …

Senator Tillis Letter to Ambassador Tai: TRIPS Waiver (Copyright)

Dear Ambassador Tai: I write you again today for the fourth time about the Biden Administration’s waiver of international obligations under the Trade-Related Aspects of Intellectual …
By Senator Thom Tillis
8 days ago 5

CAFC Says Forum Selection Clause in NDA Does Not Apply to Inter Partes Review

The U.S. Court of Appeals for the Federal Circuit (CAFC) today held in a precedential decision authored by Judge Chen that a non-disclosure agreement’s (NDA’…
By Eileen McDermott
9 days ago 1

Patent Filings Roundup: Uniloc (Fortress) Waves White Flag; IP Edge Files Dozens of Complaints to Start Third Quarter; Joao NPE Sues Texas Border Health Clinic, Withdraws

The third quarter came in like a wrecking ball, with district court patent filings spiking to 121 (roughly double average, driven entirely by a huge 48-complaint dump by …
By Jonathan Stroud
9 days ago 7

Report: Top IPR Law Firms of 2021

The annual IPR Intelligence Report evaluates all stakeholders in Inter Partes Review (IPR) proceedings each year. Here, we will reveal some of the best law firms involved …
By Pedram Sameni
9 days ago 5

Let No Good Deed Go Unpunished—The Tale of a COVID-19 Breakthrough

The lead story in last weekend’s Wall Street Journal made an exciting announcement: “Merck Covid-19 Pill Cuts Risks of Hospitalizations and Death”: "Merck & Co. and its …
By Joseph Allen
10 days ago 2

CAFC Reverses PTAB Win for St. Jude, Finding Snyders’ Heart Valve Claims Not Unpatentable

On October 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a decision by the U.S. Patent and Trademark Office’s Patent Trial …
By Matthew Schutte
10 days ago 0

Kathi Vidal Floated as Possible USPTO Director Nominee

According to sources on the Hill, Kathi Vidal of Winston & Strawn is now high on the list of potential nominees for a new U.S. Patent and …