Posts in Patents


Five Years Later, the U.S. Patent System is Still Turning Gold to Lead

Five years after the last of the four decisions in patent eligibility doctrine by the Supreme Court—creating what is now referred to as the Alice-Mayo framework—…
By Kevin Madigan & Adam Mossoff
14 hours ago 5

Federal Circuit Reverses PTAB’s Invalidity Decision Regarding a Wireless Communications Patent

In November, the Federal Circuit issued an opinion reversing the Patent Trial and Appeal Board’s (the PTAB or the Board) decision that claim 8 of IPR Licensing …

Final USMCA Text is a Missed Opportunity for Innovation

Earlier this week, Speaker of the House of Representatives Nancy Pelosi (D-CA) reached an agreement with President Donald Trump on passage of the United States-Mexico-Canada Agreement (USMCA), …
By Gene Quinn
3 days ago 3

Rare Diseases as A Strategic Springboard: Leveraging Orphan Drug Designations and Patent Protection for Increased Investment

Drug innovators are providing much needed focus on rare diseases and, at the same time, leveraging early-stage rare disease results to facilitate down-stream market entry in broad-spectrum …
By Jacob Moore & Julie Meigs
3 days ago 0

Recent USPTO Update Provides Blueprint for PTAB Patent Challenge Process

Since the passing of the America Invents Act (AIA) and the implementation of the inter partes review (IPR) process, IPR has become a popular and important avenue …

SCOTUS Holds in NantKwest that USPTO Cannot Be Reimbursed for Salaries of Legal Personnel

The Supreme Court ruled in Peter v. NantKwest today that the U.S. Patent and Trademark Office (USPTO) cannot recover the salaries of USPTO attorneys and paralegals …
By Eileen McDermott
4 days ago 4

Patents Have Entered the Upside Down: Looking Back on the 2019 U.S. Patent Market

Ask ten professionals for their attitude on the current state of patents in 2019, and you’ll receive ten distinctly different opinions ranging anywhere from the incredibly negative …
By Dan Buri
4 days ago 5

Industry Experts Weigh in on Thryv v. Click-to-Call Oral Argument

The Supreme Court heard oral arguments on Monday in Thryv, Inc. v. Click-to-Call Technologies. The case asks the nation’s highest court whether 35 U.S.C. § 314(d)—…
By IPWatchdog
5 days ago 1

Agreement on USMCA Strikes Expanded Protections for Biologics

President Donald Trump and House Speaker Nancy Pelosi have reportedly reached an agreement on the much debated United States-Mexico-Canada Agreement (USMCA), which would, if ratified, replace the …
By Gene Quinn
5 days ago 2

Federal Circuit Upholds District of Delaware’s Summary Judgment Ruling for Donghee

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential public opinion affirming the District Court for the District of Delaware’…
By Butch Laker
6 days ago 2

This Week in Washington IP: Copyright Office Oversight, Medicare Drug Price Negotiation Bill and the Impacts of AI on Consumers and Labor Markets

This week in IP news in Washington, D.C., both the House of Representatives and the Senate have several hearings regarding tech and innovation topics before either …
By IPWatchdog
6 days ago 0

Athena Tells SCOTUS That Mayo’s Key Argument “Collapses” Under Federal Circuit Split

Athena Diagnostics today filed its reply brief to Mayo Collaborative Services at the Supreme Court in the closely-watched petition asking the High Court to clarify U.S. …
By Eileen McDermott
6 days ago 11

Solicitor General Recommends Against Cert in Vanda, Perhaps Bolstering Athena’s Bid for Review

The United States Office of the Solicitor General has filed its brief in response to the Supreme Court’s March request for views in Hikma Pharmaceuticals v. …
By IPWatchdog
7 days ago 0

A Look at the Briefs in Thryv v. Click-to-Call Before Supreme Court Oral Arguments

On Monday, December 9, the U.S. Supreme Court will hear oral arguments in Thryv, Inc. v. Click-to-Call Technologies, LP. The case, which has gone through multiple name …
By Steve Brachmann
8 days ago 6

Other Barks & Bites, Friday, December 6: Lawmakers Concerned with Copyright Restatement, USPTO Pushed to Keep SEP Injunction Policy, Qualcomm Pushes Back on Koh at Ninth Circuit

This week in Other Barks & Bites: the U.S. Supreme Court hears oral arguments over copyright status of the Official Code of Georgia Annotated; the Federal Circuit …
By IPWatchdog
10 days ago 1