Posts in Litigation
House Hearing Highlights China, E-Commerce Contributions to Cluttering of U.S. Trademark Register
At a hearing of the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet this morning, titled Counterfeits and Cluttering: Emerging Threats to the …
Last Week at the PTAB: Three Intel Petitions Instituted on Qualcomm Patent, Major Tech Firms Join Google IPR
Last week, the Patent Trial and Appeal Board (PTAB) issued 39 decisions regarding petitions for inter partes review (IPR) patent validity proceedings, instituting 26. Eight of those proceedings involve …
A Look at Five Cases at the International Trade Commission: Apple v. Qualcomm, Jurisdiction Issues, and Overlap with the FDA
Case filings at the U.S. International Trade Commission (ITC), a popular venue for resolving intellectual property disputes, reached record levels in 2018, and 2019 appears likely to be …
Federal Circuit Makes Wasteful Attempt to Side with Patent Challenger in General Electric v. United Technologies
Last week, the United States Court of Appeals for the Federal Circuit issued a decision in General Electric Co. v. United Technologies Corp., which continued the trend …
Consider the Courage of Judge Newman at the Federal Circuit
With more dissents than any other Federal Circuit Judge in history, Judge Pauline Newman is driven by a need to safeguard our national system of innovation. Judge …
Evidentiary Hearing Held in Engineer’s Suit Against U.S. Patent and Trademark Office Alleging Bad-Faith Patent Examinations
The extent to which the existence of a patent system will promote “the progress of science and useful arts, by securing for limited times to ... inventors the …
The Federal Circuit Must Revisit Its Imprudent Decision in Chargepoint v. SemaConnect
I recently authored an article for IPWatchdog arguing that the Federal Circuit in ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) effectively overruled the new U.S. Patent and …
Other Barks & Bites for Friday, July 12: Final Rule on Drug Prices in TV Ads Blocked, Huawei Pronounced Top Chinese Patent Earner, and Brazil Joins Madrid Agreement
This week in Other Barks & Bites: The Trump Administration’s Final Rule that would have required list prices of drugs to be displayed in television ads is …
Last Week at the PTAB: Comcast Successful on Multiple Petitions, Unified Patents Sees Mixed Results
Last week, the Patent Trial and Appeal Board (PTAB) issued 31 decisions related to petitions for inter partes review (IPR) proceedings, instituting 14 IPRs and denying the other 17. Although …
Coons and Stivers Reintroduce Measure to Make the U.S. Patent System STRONGER
Senator Chris Coons (D-DE) and Congressman Steve Stivers (R-OH) reintroduced the STRONGER Patents Act of 2019 today in an event on Capitol Hill. Coons first introduced the STRONG …
NYIPLA Urges Supreme Court Not to Award USPTO Staff Attorney Salaries as ‘Expenses’ in Patent Appeals to ED of Virginia
On June 25, 2019, the New York Intellectual Property Association (NYIPLA) filed an Amicus Brief in support of the Respondent in Peter v. NantKwest, Inc., No. 18-801, pending before …
It May Be Time to Abolish the Federal Circuit
I don’t really know why we need the Federal Circuit anymore. Witness the denial of en banc rehearing in Athena Diagnostics, Inc. v. Mayo Collaborative Services, …
Thoughts on the Course of the Federal Circuit After Its Denial of En Banc Rehearing in Athena v. Mayo
The Court of Appeals for the Federal Circuit was created to provide much-needed clarity and consistency to the nation's patent law. In prior decades, the law had …
Beyond 101: An Inventor’s Plea for Comprehensive Reform of the U.S. Patent System
Inventors are seeing the light and are looking increasingly to the East for protection of their patents. Specifically, to China, where patent protection was once non-existent; China …
Athena v. Mayo: A Splintered Federal Circuit Invites Supreme Court or Congress to Step Up On 101 Chaos
On July 3, the Court of Appeals for the Federal Circuit denied en banc rehearing in Athena Diagnostics v. Mayo Collaborative Services. The 86-page order from the Federal …
