Posts in Patents


Patent Filings Roundup: Dozens of Patents DJed Under Alice; Counterfeit Kids’ Bikes Challenged; Board Refuses Non-Fintiv Policy Arguments

District court filings were low this week with 49, a substantial percentage of which were filed against small or medium-sized companies by IP Edge or Leigh Rothschild-owned subsidiaries.  …
By Jonathan Stroud
29 minutes ago 0

Federal Circuit Reinstates Jury Verdict Finding Claims of Biogen’s MS Drug Were Anticipated

On Monday, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Biogen MA, Inc. v. EMD Serono, Inc., reversing the U.…
By Steve Brachmann
5 hours ago 0

Quickly Modeling Patent Value

Imagine you are presenting to your boss and requesting approval of a $2 million purchase of four patent families. Already savvy about market prices, she is focused on …

The FTC Should Give Up Its Doomed Fight with Qualcomm and Adopt Delrahim’s New Madison Approach

The Federal Trade Commission (FTC) just can’t take “no, you’re wrong” for an answer. Despite its embarrassing reversal by the Ninth Circuit Court of Appeals …
By James Edwards
23 hours ago 1

CAFC: Parties Joined in IPRs are Not Estopped from Raising New Invalidity Grounds in District Court

On September 24, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part and reversed-in-part the U.S. District Court for the Eastern District of Texas’…
By IPWatchdog
1 day ago 0

Quickly Modeling Patent Market Prices

Imagine you have found four patent families that address a specific risk to your business, and you are about to ask your boss to approve buying those …

Federal Circuit Shoots Down Apple Bid to Strike Certain Voip-Pal Claims Upheld by PTAB

In the latest episode of a long-running saga between Apple and Voip-Pal, the U.S. Court of Appeals for the Federal Circuit on Friday denied Apple’s …
By Eileen McDermott
3 days ago 3

‘Lead Development’ in Compound Claim Challenges

In an earlier article, “Tips for Selecting a ‘Lead Compound’ in Compound Claim Challenges,” I introduced an approach derived by U.S. federal courts called the “lead …
By Amit Tailor
4 days ago 2

Analyzing Vastly Different First Action Final Rejection Outcomes Following Recent Policy Change (Part II)

The USPTO recently revised Manual of Patent Examination Procedure (MPEP) Section 706.07(b) to retroactively impose a first action final rejection (FAFR) policy that significantly reduces patent applicants’ …

UK Judge Upholds Refusal of DABUS Patents

In the latest decision regarding inventions made by the DABUS artificial intelligence machine, the England & Wales High Court has upheld two decisions of the UK Intellectual Property …
By James Nurton
6 days ago 3

Panelists Urge Americans to Trust IP, Trust Vaccines, Listen to Science in COVID-19 Debate

IPWatchdog’s most recent webinar focused on the role of IP in the development of the most promising vaccines to combat COVID-19 and included speakers from the …
By Eileen McDermott
6 days ago 2

USPTO Rulemaking on PTAB Precedential Opinions Deserves Public Support

The U.S. Patent and Trademark Office (USPTO) has submitted proposed rulemaking for review by the White House’s Office of Management and Budget (OMB). Although the …
By Eric Blatt
7 days ago 10

Patent Filings Roundup: Clash of Clans Conflict Continues; First ANDA-Related Pharmaceutical Patent Discretionary Denial; Freedom-to-Operate Action on Synthetic Peptide Tech

District court patent filings bounced back this week to 86, while the Patent Trial and Appeal Board (PTAB) saw a slight jump to 44, fueled in part by eight …
By Jonathan Stroud
7 days ago 0

EPO/ IEA Study on Innovation in Batteries and Electricity Storage Aims to Identify Trends to Help Tackle Climate Crisis

On Tuesday, the European Patent Office (EPO) and the International Energy Agency (IEA) released a joint study titled “Innovation in batteries and electricity storage - a global …
By Rebecca Tapscott
7 days ago 2

AAM v. Neapco Comes Full Circle: The Foundation of Invention Becomes its Trap (Part II)

In Part I of this article, we briefly summarized how O’Reilly v. Morse was relied upon in the denial for rehearing in the recent case of …
By N. Scott Pierce
8 days ago 3