Posts in Patents


Facilitating Innovation to Fight Coronavirus Act— Legislation That’s a Mixed Bag

Draft legislation has emerged that ostensibly would boost rapid innovation to combat the coronavirus. Bottom line: The bill is a mixed bag with a lot of questions... …
By James Edwards & Gene Quinn
8 hours ago 0

Your Licensees’ Patent Marking Program is Also Your Concern

As an in-house IP attorney, you may take comfort in knowing that your patent marking program is thorough, well-established, and properly executed. You have standardized procedures to …
By McCord Rayburn
12 hours ago 0

CAFC Says Removal Improper, Trade Secret Case Didn’t Necessarily Raise Patent Law Issues

In a precedential opinion, Intellisoft v. Acer, the Court of Appeals for the Federal Circuit (CAFC), in a decision authored by Judge Dyk, held that the United …
By Rebecca Tapscott
16 hours ago 0

Efforts to Villainize Biotech, Pharma over COVID-19 are Political Theater and Opportunism

If the objective is to beat this virus as fast as possible it simply isn’t helpful to talk about the compulsory licensing of drugs that don’…
By Gene Quinn
2 days ago 8

Amici Urge Supreme Court to Grant Celgene’s Petition on Constitutionality of Retroactive IPRs

Law professors recently filed an amicus brief in support of the Celgene's petition for writ of certiorari to take up Celgene Corp v. Peter on appeal from …
By Rebecca Tapscott
2 days ago 6

Q1 2020 Patent Litigation Filings Show Western District of Texas is the New Venue of Choice

Our regularly published litigation report shows that, for the first quarter of 2020, just over 80% of the cases filed in West Texas were brought by NPEs, with only …
By Jonathan Stroud
4 days ago 2

Study Suggests Individuals and Startups More Likely to Face Invalidity Under Alice

To the surprise of Lemley and Zyontz, their study uncovered a striking disparate treatment in the way federal courts handle patent eligibility matters based on entity size, …

How Misaligned Incentives Are Now Killing Us

Today, like so much of the rest of the world, the United States is faced with many shortages due to the coronavirus pandemic, including personal protective equipment, …
By Andrew Berks & Gene Quinn
7 days ago 19

Focusing on the Details: What Two Recent USPTO Matters Can Teach Us About Patentability Analyses

Two matters currently pending before the United States Patent and Trademark Office illustrate the consequences of focusing upon details of a claim rather than upon the claimed …
By Daniel Hanson
7 days ago 3

Patent Filings Roundup: Robot Vacuum Wars, PTAB Filings Dip, Pharma Litigation Abounds

This week’s District Court filings were robust, with a dip in Patent Trial and Appeal Board (PTAB) filings--a big chunk of which were related to a …
By Jonathan Stroud
8 days ago 1

PTAB Braces for Remands as the Federal Circuit Denies Stay in Arthrex

On Monday, the Court of Appeals for the Federal Circuit (CAFC) denied the USPTO’s unopposed motion to stay issuance of the mandate in Arthrex v. Smith & …
By Rebecca Tapscott
8 days ago 3

Equitable Considerations Warranted Departure from First-To-File Rule

The United States Court of Appeals for the Federal Circuit recently ruled on an appeal regarding a Pennsylvania district court’s decision to decline jurisdiction over a …

The New U.S. Essential Patents Statement – Safeguarding the Integrity of the Patent System

In withdrawing the 2013 statement, the new 2019 guidance by the DOJ, NIST and the USPTO states the obvious, i.e. that there is no difference in the law …
By Robert Stoll
9 days ago 2

What Happens at The Board Does Not Stay at The Board: How Patent Owners Can Leverage IPR Proceedings in Litigation

Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) often occur in parallel to district court cases. Patent owners whose patent rights survive …

Innovators Rush to Solve Coronavirus Pandemic While Countries Contemplate Compulsory Licensing

Since China announced the first fatality caused by a virus about which little was known at the time, coronavirus and the disease it causes, COVID-19, has grown …
By Steve Brachmann
11 days ago 2