Posts in Patents
Six Years After Alice: 61.8% of U.S. Patents Issued in 2019 Were ‘Software-Related’—up 21.6% from 2018
As an update to my posts from 2017 and 2019, it has now been more than six years since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS …
Why eBay v. MercExchange Should, But Won’t, Be Overruled
As anyone who follows the United States Supreme Court knows, the Court has historically been extremely fond of taking important cases with cutting edge issues, only to …
Innovators Brace for Ninth Circuit Oral Arguments in FTC v. Qualcomm
The U.S. Court of Appeals for the Ninth Circuit is set to hear oral arguments tomorrow in the closely-watched case of FTC v. Qualcomm, which will …
Medical Innovation Depends on Bayh-Dole’s IP Protections
In this age of polarization, it’s almost impossible to imagine Congress enacting bipartisan legislation that would benefit businesses, higher education, and consumers alike. But that is …
Are You Bullish or Bearish on the 2020 Patent Market?
Are you bullish or bearish on the 2020 patent market? That is the question I asked a panel of experts recently. Each of the experts surveyed will participate …
Navigating Amazon’s Neutral Patent Evaluation in Real Life: Part I
You come up with a brilliant idea for an invention, pour your heart and soul into reducing it to practice and spend a great deal of time …
Federal Circuit Finds District Court Abused Its Discretion in Admitting Lay Testimony
On February 5, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in HVLPO2, LLC v. Oxygen Frog, LLC in which the appellate …
Patenting Cannabis: Possibilities and Pitfalls
With cannabis now legal in some form across more than 30 states, the cannabis industry is on the rise and expected to achieve a market size of more …
DOJ Brief to CAFC Slamming Apple Highlights PTAB Code of Conduct Problem
Andrei Iancu, the Director of the United States Patent and Trademark Office (USPTO), has a real mess on his hands. This particular mess relates to the Patent …
Iancu at U.S. Chamber Event: ‘Choose Your Partners Carefully’
Last night, February 4, the U.S. Chamber of Commerce Global Innovation Policy Center (GIPC) held a reception to launch its eighth annual International IP Index, Art of …
Obtaining Injunctions Under eBay Versus at the International Trade Commission
Prior to the Supreme Court’s decision in eBay v. MercExchange, 547 US 388 (2006), it was fairly routine for a victorious patent owner who prevailed on a finding of …
Clearing Up Confusion on SEPs: A Line-by-Line Response to a Problematic Essay
I recently became frustrated after reading an essay in the AIPLA newsletter by an attorney with Taft Stettinius & Hollister LLP on the topic of the new USPTO-DOJ-NIST …
Severing the Link Between IP and Biomedical Innovation Isn’t the Answer to Global Health Care Challenges
The cost of medicines is on the agenda this week at the World Health Organization’s annual executive board meeting in Geneva. Nongovernmental organizations and certain middle-income …
The U.S.-Mexico Patent Prosecution Super-Highway
For the past several years, the patent offices in the United States and Mexico have operated under a type of patent examination fast-tracking and work-sharing agreement known …
U.S. Patent System Holds Steady in Second Place in 2020 International IP Rankings
The U.S. Chamber of Commerce Global Innovation Policy Center (GIPC) released its eighth annual International IP Rankings. The United States achieved the top overall ranking as …
