Posts in Patents
Chamberlain Petitions Full Federal Circuit to Correct Appellate Overstep on Patent Eligibility
As anticipated, the Chamberlain Group, Inc., in a corrected petition for rehearing filed today, asked an en banc panel of the Federal Circuit to reconsider its August 21 …
PTAB Issues First Motion to Amend Guidance, Samsung Petitions for IPR Granted Despite NuCurrent Issue Preclusion Defense
The Patent Trial and Appeal Board (PTAB) recently issued its first-ever preliminary guidance on motions to amend claims filed by patent owner Sanofi and, although the substituted …
Tillis and Coons Nudge DOJ to Provide Revised Joint Statement on SEPs
Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair and Ranking Member, respectively, of the Senate Judiciary Committee’s Subcommittee on Intellectual Property, sent a letter on …
WIPO Report Validates Fears About U.S. Patent Decline
Each year the World Intellectual Property Organization releases a report titled World Intellectual Property Indicators. The latest edition of the report, the 2019 version, is a look back …
Amici Urge Supreme Court to Grant UMN Petition on Sovereign Immunity for IPRs
On October 15, 12 state universities and state university systems filed an amicus brief in support of the University of Minnesota in its appeal to the U.S. Supreme …
CAFC Holding in Campbell Soup Design Patent Case Addresses Standard for Establishing Proper Primary References
The Federal Circuit recently held in Campbell Soup Company v. Gamon Plus, Inc. (September 26, 2019) that a prior art reference lacking one of only two features shown in …
Petition Seeks Rare En Banc Review to Clarify Whether PTAB Can Overrule Article III Courts
Chrimar Systems, Inc. filed a petition for en banc rehearing with the Federal Circuit on October 21 asking it to review the so-called Fresenius-Simmons preclusion principle. The petition …
USPTO Issues Additional Subject Matter Eligibility Guidance
On Thursday, October 17, the USPTO issued new patent eligibility guidance. The new guidance discusses and elaborates on the 2019 Revised Patent Subject Matter Eligibility Guidance (PEG) that was …
Other Barks & Bites, Friday, October 18: USPTO Updates Subject Matter Eligibility Guidelines, China Receives Half of 2018 Global Patent Filings, US Inventor to Host Rally
This week in Other Barks & Bites: US Inventor will host an inventor rally during AIPLA’s Annual Meeting to protest the PTAB; the Federal Circuit vacates dismissal …
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 …
Nonprecedential CAFC Decision Presents Questions of Standing
In Knauf Insulation, Inc. v. Rockwool International, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the Patent Trial and Appeal Board’s …
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 …
PTAB Invalidates Nasdaq Patent Claims on Automated Securities Trading in Series of CBMs
On October 9, the Patent Trial and Appeal Board issued a final written decision in a covered business method (CBM) review which invalidated all 38 claims of Nasdaq’s …
How Foreign Patent Infringers Are Subject to Jurisdiction in the United States
The Federal Circuit’s decision in In re HTC Corp., 889 F.3d 1349 (Fed. Cir. 2018), considered whether the TC Heartland decision extended to foreign defendants to afford them …
Federal Circuit Decision Delays Generic Osteoarthritis Drug
On October 9, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision in HZNP Medicines LLC v. Actavis Laboratories UT, Inc. affirming the …
