Posts in Government
USPTO Report Puts Chinese Innovation Growth in Context
On January 13, the United States Patent and Trademark Office (USPTO) published a new report on the impact of patent and trademark filing trends in China. The report, …
Patent Filings Roundup: Board Says ‘Nein’ to German Company’s IPR; A PTAB Footnote to the Fortress/Intel Fight
Per the usual slow January, it was a light week at both the Patent Trial and Appeal Board (PTAB) and in the district courts. At the PTAB, …
Skidmore-Mead Can Solve the Patent Eligibility Dilemma
Judge Kimberly Moore, in a comprehensive and insightful opinion dissenting from the denial of the petition for rehearing en banc in Athena Diagnostics, Inc. v. Mayo Collaborative …
National Advertising Division Says Pre-Launch Investor Presentation Can Be Challenged Under Advertising Law
It has long been a fundamental tenet of advertising law that comments made to investors, and particularly those made before the commercial launch of a product or …
PTAB Will Use Nautilus Approach to Indefiniteness for Post-Grant Proceedings
Last week, the United States Patent and Trademark Office (USPTO) issued binding indefiniteness guidance in a memorandum from Director Andrei Iancu that addresses confusion about which indefiniteness …
Supreme Court Will Review Doctrine of Assignor Estoppel
On Friday, the U.S. Supreme Court granted a petition for certiorari filed by Minerva Surgical, Inc. asking the Court to clarify questions around the doctrine of …
This Week in Washington IP: Resetting America’s Research Priorities, Section 230 Under Biden and Exploring the FCC’s Actions on 5G Spectrum
This week in Washington IP news, committees in both the Senate and the House of Representatives are quiet after a week of national turmoil, and as we …
Federal Circuit Affirms TTAB Dismissal of QuikTrip’s Opposition to Convenience Store Mark
On January 8, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States Patent and Trademark Office, Trademark Trial and …
CAFC Dismisses Appeal as Moot, Prost Dissents in Part
On January 7, the United States Court of Appeals for the Federal Circuit (CAFC) dismissed ABS Global's appeal from the United States Patent and Trademark Office (USPTO) Patent …
Patent Filings Roundup: IP Edge End-of-Year Filing Spree, WSOU Ends Year as Top Single-Entity Filer; AC Competitors Go to War Over a Cool Million
Combining the holiday break, we see a steady 24 and 25 Patent Trial and Appeal Board (PTAB) petitions filed in the last two weeks, respectively, with 84 and 71 District Court …
Inventors Have Their Say on PTAB at SCOTUS in Arthrex Amicus Briefs
Eleven amicus briefs were docketed during the last two business days of 2020 in United States v. Arthrex, Inc., et al., which is scheduled for oral argument on …
Eight Steps to Success in Navigating Subsequent Patent Applications in the United States
In Part I of this five-part series, the authors reviewed the law behind subsequent patent applications. In Part II, we reviewed the different types of subsequent applications. …
Federal Circuit Vacates PTAB Holding that Raytheon Patent is Non-Obvious
On December 23, the United States Court of Appeals for the Federal Circuit (CAFC) vacated a decision of the USPTO’s Patent Trial and Appeals Board (PTAB), holding …
This Week in Washington IP: Accepting China’s Tech Dominance, How AI is Transforming the World and Countering Military Drone Threats
This week in Washington intellectual property (IP) events, both houses of Congress are quiet in the lead-up to Joe Biden’s inauguration as President later this month. …
India and South Africa’s COVID Vaccine Proposal to the WTO: Why Patent Waiver Must Be Considered Over Compulsory Licensing
While coronavirus spent the majority of 2020 wreaking havoc on earth, pharmaceutical companies have been busy at work trying to invent a vaccine to combat it. Several companies, …
