Posts in Legislation


The Case Act: Good Intentions but Bad Policy

On October 22, the U.S. House of Representatives passed, by a vote of 410-6, the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”). The Act proposes …
By Mitchell Stein
18 days ago 1

What’s Next After Arthrex? Reactions Suggest Limited Immediate Effect, But Some Question Whether CAFC Fix Will Hold

The Federal Circuit’s decision in Arthrex, Inc. v. Smith & Nephew, Inc. generated excitement late last week, when many initially speculated that the Patent Trial and Appeal …
By IPWatchdog
19 days ago 17

Other Barks & Bites for Friday, November 1: CAFC Arthrex Decision Makes PTAB Judges Inferior Officers, USPTO Seeks Comments on IP Protections for AI Inventions and Reports to Congress on SUCCESS Act

This week in Other Barks & Bites: the Federal Circuit hands out three precedential decisions; the USPTO sends its SUCCESS Act Report to Congress; the Copyright Royalty Board …
By IPWatchdog
21 days ago 3

Federal Circuit Says PTAB Judges Are Not Constitutionally Appointed

The U.S. Court of Appeals for the Federal Circuit, in an opinion authored by Judge Moore, has ruled that the current statutory scheme for appointing Administrative …
By IPWatchdog
22 days ago 34

Panelists Warn Senate IP Subcommittee Against Drastic Measures on Patent Quality

The Senate Judiciary Committee’s Subcommittee on Intellectual Property, headed by Senator Thom Tillis (R-NC), yesterday heard from five witnesses on ways to improve patent quality at …
By Eileen McDermott
22 days ago 16

Trading Technologies, ChargePoint Ask High Court for Help with Federal Circuit’s Conflicted Approach to Patent Eligibility

Trading Technologies International, Inc. (TT) has filed a second petition with the U.S. Supreme Court asking it to review a Federal Circuit holding that computer-implemented inventions …

To Truly Help the USPTO, Congress Must First Stabilize Patent Law

The Senate Judiciary Committee’s Subcommittee on Intellectual Property is holding a hearing on October 30 to discuss the quality of patents issued by the USPTO. This hearing …
By Russell Slifer
24 days ago 12

This Week in Washington IP: Senate IP Subcommittee to Address Preventing Poor Quality Patents, House Looks at Clean Energy Workforce

This week in technology and innovation hearings taking place in Washington, D.C., subcommittees in the House of Representatives discuss the worker pipeline for the clean energy …
By IPWatchdog
25 days ago 1

Other Barks & Bites, Friday, October 25: CASE Act Passes House, Inventor Rally at AIPLA Meeting, Veteran IP Leaders Launch Patent Collective

This week in Other Barks & Bites: new patent collective for video technology launched; inventor rally to be held during live IPR hearing at AIPLA meeting; the White …
By IPWatchdog
28 days ago 0

Will Bayh-Dole Survive Its 40th Birthday?

Next year marks the 40th anniversary of the passage of the Bayh-Dole Act. With election day looming, 2020 is likely to be the most politically contentious year of …
By Joseph Allen
29 days ago 1

This Week in Washington IP: America’s Innovation Leadership, Facebook’s Financial Industry Impact and Personal Data Ownership

This week in tech and innovation hearings in Washington, D.C., the House of Representatives explores issues related to emerging cyber threats, Facebook’s cryptocurrency and its …
By IPWatchdog
1 month ago 0

Professors Brief Capitol Hill Staffers on Proposal to Weed Out ‘Bad Patents’

On Thursday, October 17, a Capitol Hill staff briefing will take place at 3:30 PM in 226 Dirksen Senate Office Building on a proposal to increase the amount of time …
By Steve Brachmann
1 month ago 47

Were the Wright Brothers Patent Trolls? One View of R Street Institute’s Capitol Hill Panel on Patents

On Tuesday, I attended a panel discussion on the National Security Implications of Patents along with my siblings, Madeline and Gideon Malone, and we were informed that …
By Lydia Malone
1 month ago 26

This Week in Washington IP: NASA’s Moon Mission, Protecting Internet Consumers and Fintech AI Innovations

This week in the nation’s capital, subcommittees in the House of Representatives will hold a series of technology-related hearings focused on online competition in data privacy, …
By IPWatchdog
1 month ago 0

Patagonia Case Cautions Against Rule 12 Motions to Dismiss Dilution Claims

The U.S. District Court for the Central District of California recently issued a decision in the closely watched Patagonia, Inc. v. Anheuser-Busch, LLC, 19-CV-02702 case. Here, …
By Andrew Avsec
1 month ago 2