Posts in Government


No, You Can’t March in On Remdesivir

One thing you should never say in 2020 is: "Well, at least things can't get any worse." They can and often do. The latest exhibit—in the intellectual …
By Joseph Allen
8 hours ago 2

Patent Filings Roundup: U.S. Tractor Retailer Hit; TikTok Sued by Triller; IP Edge Entities Dominate District Court Filings

This week, district courts saw 91 new complaints, a large portion filed by IP Edge subsidiaries, such as Karetek Holdings, LLC; Guada Technologies; Tunnel IP, LLC; Altair Logix, …
By Jonathan Stroud
17 hours ago 1

PTAB Decides Against Moderna in Challenge to Arbutus Vaccine Patent

On January 9, 2019, Moderna Therapeutics, Inc. (“Moderna”) filed a petition requesting inter partes review of U.S. Patent No. 8,058,069 (the ‘069 patent) owned by Arbutus Biopharma. The ‘069 patent is …
By Kim Jordahl
2 days ago 1

Strong Roots: Comparative Analysis of Patent Protection for Plants and Animals

Much has been written about the uncertainty in U.S. patent law concerning laws of nature, natural phenomena, and abstract ideas following the Supreme Court’s decisions …

A Note to SCOTUS on Arthrex, Judicial Independence, Ethics and Expanded Panels at the PTAB

In Article 1, Section 8, Clause 8, of our Constitution, the founders were relatively specific. The founders give Congress power to secure “the exclusive Right" to “Authors and Inventors” in …
By Paul Hayes & Gene Quinn
3 days ago 13

This Week in Washington IP: FTC Oversight, More Big Tech Antitrust Issues, and Promoting Cybersecurity During the Election Cycle

This week in Washington IP events, Congressional hearings on technology and innovation take place through Wednesday, while the House Government Operations Subcommittee kicked the week off Monday …
By IPWatchdog
3 days ago 1

A Look Inside Patent Processes at the USPTO: Effects of the Pandemic and Upcoming Changes

On Thursday, July 30, U.S. Patent and Trademark Office (USPTO) Commissioner for Patents Drew Hirshfeld and other USPTO staff updated attendees of IPWatchdog and LexisNexis’ webinar, “A …
By Eileen McDermott
4 days ago 1

A Guide to Arthrex: Activity Heats Up in Petitions Pending with Supreme Court

The Supreme Court is currently considering several pleas to review the holding in Arthrex v. Smith & Nephew I and Arthrex v. Smith & Nephew II in the form …
By IPWatchdog
5 days ago 0

Askeladden Brief Asks SCOTUS to Grant U.S. Government’s Petition to Reconsider Whether PTAB APJs Are Principal Officers Under the Appointments Clause

On July 29, Askeladden LLC filed an amicus brief in support of the U.S. Government’s combined petition for a writ of certiorari in U.S. v. …

Judge Dyk Departs from Majority’s Obviousness Analysis on Gaming Service Patent Claim

The Federal Circuit on Wednesday affirmed a decision of the Patent Trial and Appeal Board (PTAB) that found FanDuel had failed to prove that claim 6 of Interactive …
By Eileen McDermott
7 days ago 3

Republicans Propose Legislation to Deny Visas to Those Accused of IP Theft

Senators Thom Tillis (R-NC), Ted Cruz (R-TX), Kelly Loeffler (R-GA), and Marco Rubio (R-FL) have introduced a bill titled the Protecting America from Spies Act, which targets …
By IPWatchdog
8 days ago 5

What’s Fair? Senate IP Subcommittee Contemplates Problems with Copyright Fair Use Regime

The Senate Judiciary Committee’s Subcommittee on Intellectual Property on Tuesday continued its year-long series of hearings on the Digital Millennium Copyright Act (DMCA), this time focusing …
By Eileen McDermott
8 days ago 7

Split CAFC Holds That a State Asserting Sovereign Immunity May Not Be Joined as Involuntary Plaintiff

On July 24, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States District Court for the Southern District of …
By Rebecca Tapscott
8 days ago 0

Patent Filings Round-up: Small Companies Challenge Landmark Lawsuits; Raft of Uniloc/Samsung settlements; Koss Goes After Headphone Market

There was a spike in Patent Trial and Appeal Board (PTAB) filings this week—almost double the average, at 56—driven in part by eight new petitions (adding …
By Jonathan Stroud
9 days ago 1

Sage Advice on Rising Above Petty Partisanship from Senator Robert Dole

Former Senator Robert Dole turned 97 last week, but he's still very much engaged in what's going on right now. He just wrote a powerful op-ed, Innovation is …
By Joseph Allen
9 days ago 2