Posts in Government


CAFC Reverses PTAB Obviousness Finding, Clarifying Concepts of ‘Teaching Away’ and ‘Commercial Success’

The United States Court of Appeals for the Federal Circuit (CAFC) yesterday concluded that the Patent Trial and Appeal Board’s (PTAB’s) decision finding certain claims …
By La'Cee Conley
12 hours ago 4

USPTO Implementation of Arthrex: Questions and Answers from Administrative Law, Part I—Dismissal and Subregulatory Rulemaking

In United States v. Arthrex, No. 19-1434, 141 S.Ct. 1970 (Jun. 21, 2021), Chief Justice Roberts cured an Appointments Clause defect in the Patent Trial and Appeal Board’s (PTAB’…
By M. David Hoyle
1 day ago 12

Patent Filings Roundup: Equitable IP Subsidiary Goes on Retail Shopping Spree; Fintiv ITC Denial Hits Roku Hard

District court patent filings rebounded a bit with 80 this week, buoyed by a new financial services campaign, Peregrin Licensing LLC, from an older publicly traded non-practicing entity (…
By Jonathan Stroud
1 day ago 0

China’s New Patent Linkage System: A Guide for Foreign Chinese Patent Holders

In compliance with the Phase One Trade Agreement, China has implemented a patent linkage system in their amended patent law, which became effective June 1, 2021 (Article 76 of the …

ITC and Trade Secret Cases Against Apple Over Pulse Oximetry Tech Highlight Need for Better Ways to Rein in Big Tech

In late June, medical technology firm Masimo Corporation and its consumer device subsidiary Cercacor Laboratories filed a complaint with the U.S. International Trade Commission (ITC) asking …
By Steve Brachmann
2 days ago 4

A Third Option: Limited IP Waiver Could Solve Our Pandemic Vaccine Problems

In the early days of the vaccination efforts, Americans were anxiously online trying to register for a COVID-19 vaccination appointment. Reports of success at 1:30 am and 2:30 am …

Emerging Anti-IP Policies the Focus of Heritage Foundation Event

At today’s Heritage Foundation event in Washington, D.C., titled Restoring American Leadership in Patent Law and Innovation Policy, former U.S. Patent and Trademark Office …
By Gene Quinn
3 days ago 10

The Biden Executive Order’s Restraint on Freedom of Contract: Regulation by Anecdote May Lead to Unintended Consequences

Capping months of anticipation, President Joe Biden on July 9 unveiled his Executive Order on Promoting Competition in the American Economy, which he argues will “lower prices for …
By Kristian Stout
3 days ago 3

This Week in Washington IP: Senate Set to Confirm Cunningham; Restoring American Leadership in Patent Law; and Supporting Cybersecurity by Stopping Ransomware

This week in Washington IP news, the U.S. Senate will vote on Tiffany Cunningham’s confirmation to the Federal Circuit, replacing Judge Evan Wallach; and a …
By IPWatchdog
4 days ago 1

Implications of Russia’s New Rules on Geographical Indications for Champagne and Cognac Producers

On July 2, 2021, amendments to the Federal Russian Law No. 468-FZ dated December 27, 2019 “On Viticulture and Winemaking in the Russian Federation” came into force. The amendments introduced two …

Are 5% of All U.S. Issued Patents Presumed to Be Unenforceable Under Laches Due to Their Priority Claims?

Laches is an equitable defense that may be raised in a patent-related proceeding. If a defending party can show that a patent holder exhibited unreasonable delay that …
By Kate Gaudry
5 days ago 7

Hirshfeld Says He May Move Forward on Important Items If Biden Appointee Takes Too Long

IPWatchdog and LexisNexis held a “Conversation with the Commissioner of the USPTO” today, in which Drew Hirshfeld, the U.S. Patent and Trademark Office (USPTO) Commissioner for …
By Eileen McDermott
8 days ago 3

International Academics Push for TRIPS COVID IP Waiver Hold-Outs to Drop Opposition

One-hundred-twenty-four professors and academics from around the world have penned an open letter supporting India and South Africa’s proposed waiver of certain provisions of the Agreement …
By Eileen McDermott
9 days ago 11

Patent Filings Roundup: NPE Targets Cracker Barrel, Realtors; VMWare/Cirba Dispute Heads to Board; Car Jumpstarter Patent Challenged; Funded Semiconductor Litigation Patents Instituted

After last week’s spike in complaints, things returned to steady-state this week, with plaintiffs filing 58 complaints and patent challengers filings 26 petitions (one post grant review [PGR] …
By Jonathan Stroud
9 days ago 2

Extending the Innovation Pipeline to Africa’s Patients

With summer underway in the United States, we want to believe the global pandemic is ending. In many cities, restaurants are at near-full capacity, scaled-back festivals are …
By Patrick Kilbride
10 days ago 0