Posts in Government


The Great Escape: Efficient Infringers Increasingly Seek to Abuse Antitrust Law

Last week the United States Court of Appeals for the Federal Circuit issued an important decision that might be easy to overlook. In Intellectual Ventures I LLC …
By Gene Quinn
18 hours ago 3

Trading Technologies Asks Supreme Court to Restore Congress’ Purpose in Creating the Patent Act

Trading Technologies International, Inc. (TT) has filed a petition for certiorari with the U.S. Supreme Court asking it to clarify U.S. patent eligibility law, including …
By IPWatchdog
19 hours ago 6

Ordinary Observer Test Is ‘The Sole Controlling Test for Determining Anticipation of Design Patents’

In Curver Luxembourg SARL v. Home Expressions, Inc. (CAFC, Sept. 12, 2019)—which already has become a rather infamous design patent case—the claims at issue recited an "ornamental …
By Kim Jordahl
24 hours ago 1

A Step Forward for the STRONGER Patents Act

The bipartisan STRONGER Patents Act of 2019 took an important step forward last week, as the Senate Judiciary Subcommittee on Intellectual Property held a hearing on the proposed …
By Brian Pomper
2 days ago 4

Federal Circuit Upholds PTAB Finding that Frymaster’s Patent is Not Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) decided an appeal by Henny Penny Corporation (HPC) on September 12 involving HPC’s inter partes review (…
By Nancy Braman
2 days ago 1

Analyzing Judge Koh’s Errors in FTC v. Qualcomm: Highlights From Three Amicus Briefs

On August 30, a number of amicus briefs were filed in the FTC v. Qualcomm appeal in the U.S. Court of Appeals for the Ninth Circuit. The …
By Kristen Osenga
3 days ago 0

This Week in D.C.: NASA Deep Space Exploration, Small Business and Innovation, and Transportation Sustainability

This week in the U.S. Capitol and Washington D.C area., technology and innovation hearings in the House of Representatives will focus on tech at the …
By IPWatchdog
3 days ago 0

Restrictive IP Policies Could Limit Innovation Opportunity

In the wake of fraudulent IP applications from foreign nations—namely China—the United States has recently enacted or called for policies that require foreign entities to …
By Eric Giler
3 days ago 2

Chief Judge Paul Michel: Patent Reform Progress is Likely, But We Must Stay Focused On the Big Picture

Last week during IPWatchdog’s Patent Masters Symposium, former Federal Circuit Chief Judge Paul Michel sat down with me to discuss the state of the U.S. …
By Eileen McDermott
4 days ago 11

Other Barks & Bites, Friday, September 13: CASE Act Moves Out of Committee, Iancu Discusses SEPs and PTAB Designates Two Decisions as Precedential

This week in Other Barks & Bites: the Federal Circuit issued precedential decisions regarding secondary considerations of non-obviousness, limits to design patents and collateral estoppel of antitrust claims …
By IPWatchdog
6 days ago 0

Don’t Ignore the Flashing Caution Lights in the Drug Pricing Debate

Trying to rationally address hot button issues in an election year is always a dangerous proposition. That's particularly true as we approach what promises to be one …
By Joseph Allen
6 days ago 1

Senate Hearing on STRONGER Patents Act Highlights Sharp Split on Injunctive Relief, IPR Fixes

On the afternoon of Wednesday, September 11, the Senate Judiciary Committee’s Subcommittee on Intellectual Property convened a hearing titled Innovation in America: How Congress Can Make Our …
By Steve Brachmann
7 days ago 35

Proving a Negative Claim Limitation: A Tale of Three Nonprecedential Cases

In the past 10 months, the issue of proving negative claim limitations has cropped up on appeals to the Federal Circuit. At least three panels of the Federal …
By Daniel Hanson
7 days ago 21

FTC Commissioner Christine Wilson Tells Patent Masters Attendees FTC v. Qualcomm Decision ‘Scares Me’

Commissioner Christine Wilson of the U.S. Federal Trade Commission (FTC) addressed the IPWatchdog Patent Masters Symposium on Tuesday, September 10, emphasizing three main points in her keynote: …
By Eileen McDermott
7 days ago 0

Chief Judge Randall Rader: Don’t Be Seduced by the Patent Hold-Up Misnomer

In his luncheon keynote address to attendees of IPWatchdog’s Patent Master’s Symposium: “Standard Essential Patents: Striking a Balance Between Competition and Innovation” on Tuesday, former …
By Eileen McDermott
9 days ago 18