Posts in Litigation


Athena Diagnostics v. Mayo Collaborative Services: a Paradigm of Patent Eligibility Meriting En Banc Review

In Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, 1376 (Fed. Cir. 2015) the Federal Circuit belittled pioneering work at Oxford University, indisputably one of the world’s leading …
By Paul Cole
10 hours ago 0

Why Creators Like Me Are Lining Up in Support of the CASE Act

I have heard it said that a right without a remedy isn’t really a right. This saying completely and accurately sums up my experience with copyright …
By Jenna Close
13 hours ago 0

PTAB Precedential Decision Designations Continue Patent Owner-Friendly Trend

On May 7, the U.S. Patent and Trademark Office (USPTO) designated two recent decisions of the Patent Trial and Appeal Board (PTAB) as precedential, bringing the number …
By Steve Brachmann
17 hours ago 0

Judge Koh Delivers Qualcomm Brutal Defeat Despite Apple’s Proven Manipulation

In a 233-page Order issued yesterday, Judge Lucy Koh of the United States Federal District Court for the Northern District of California handed Qualcomm a stinging defeat …
By Gene Quinn
2 days ago 3

Determining When a Printed Publication is Publicly Accessible

Twice during the last year, the Federal Circuit found itself clarifying the meaning of public accessibility of a printed publication for the purposes of prior art under 35 …

House Drug Pricing Hearing Goes Off Script

Most Congressional hearings are morality plays designed to reach a predetermined outcome. It wasn't hard to predict how the second hearing on drug pricing by the House …
By Joseph Allen
3 days ago 4

Federal Alcohol Labeling Following Tam and Brunetti

The U.S. Supreme Court and the Court of Appeals for the Federal Circuit recently struck down certain trademark registration requirements on First Amendment grounds. These cases …

Affordable Prescriptions for Patients Act Would Allow FTC to Prosecute Pharma Patent Thickets, Product Hopping

On Thursday, May 9, the Affordable Prescriptions for Patients (APP) Act was introduced into the U.S. Senate by Senators John Cornyn (R-TX) and Richard Blumenthal (D-CT). If …
By Steve Brachmann
3 days ago 1

Federal Circuit Affirms $1.3M Attorney’s Fees Award Under Octane Fitness Standard

The Federal Circuit recently affirmed a district court’s award of attorney’s fees under 35 U.S.C. § 285. In particular, the Federal Circuit affirmed the lower court’…

Other Barks & Bites for Friday, May 17: Trump Bans Huawei, Alibaba Shows Improved Brand Protection and China Revises Copyright Law

This week in Other Barks & Bites: Chinese state political advisors suggest changes to the country’s copyright law, including stronger punitive measures for infringement; President Donald Trump …
By IPWatchdog
6 days ago 1

Federal Circuit Affirms Validity of Endo Pharmaceuticals Patent for Morphinan Pain Relief Compounds

The Federal Circuit recently affirmed a district court ruling finding patent infringement after holding that Actavis LLC, Actavis South Atlantic LLC, and Teva Pharmaceuticals USA, Inc. (collectively, “…

Federal Circuit Affirms PTAB Ruling That Prior Art and FDA Skepticism Supports Non-Obviousness Finding

The U.S. Court of Appeals for the Federal Circuit recently affirmed the Patent Trial and Appeal Board’s (PTAB's) decision upholding the patentability of Eli Lilly & …

Other Barks & Bites for Friday, May 10: Congress and Trump Crack Down on Pharma, Amici File Briefs in Acorda, and USPTO to Modify Patent Term Adjustment Procedures

This week in Other Barks & Bites, IPWatchdog's IP news roundup: the House of Representatives passes drug patent legislation, while antitrust legislation targeting patent-related activities is introduced into …
By IPWatchdog
13 days ago 21

Independent Inventors to USPTO: We Are All Underrepresented in This Patent System

On Wednesday, the USPTO held the first of three scheduled hearings prompted by the Study of Underrepresented Classes Chasing Engineering and Science (SUCCESS) Act, which requires the …
By Eileen McDermott
14 days ago 58

CASE Act Promises Long-Overdue Access to Justice for Individuals and Small Businesses in the Arts

Jenna Close is a freelance commercial photographer and owner of a small business that licenses still images and videos to both domestic and international clients. She and …