Posts Archive


Take Steps to Deter the Spy in Your Business

Tesla recently filed two lawsuits for theft of trade secrets. In March, the auto maker sued several former employees and the two companies they joined, Zoox and …
By William Honaker
8 days ago 0

Other Barks & Bites, Friday, September 13: CASE Act Moves Out of Committee, Iancu Discusses SEPs and PTAB Designates Two Decisions as Precedential

This week in Other Barks & Bites: the Federal Circuit issued precedential decisions regarding secondary considerations of non-obviousness, limits to design patents and collateral estoppel of antitrust claims …
By IPWatchdog
9 days ago 0

Don’t Ignore the Flashing Caution Lights in the Drug Pricing Debate

Trying to rationally address hot button issues in an election year is always a dangerous proposition. That's particularly true as we approach what promises to be one …
By Joseph Allen
9 days ago 1

Senate Hearing on STRONGER Patents Act Highlights Sharp Split on Injunctive Relief, IPR Fixes

On the afternoon of Wednesday, September 11, the Senate Judiciary Committee’s Subcommittee on Intellectual Property convened a hearing titled Innovation in America: How Congress Can Make Our …
By Steve Brachmann
10 days ago 39

Proving a Negative Claim Limitation: A Tale of Three Nonprecedential Cases

In the past 10 months, the issue of proving negative claim limitations has cropped up on appeals to the Federal Circuit. At least three panels of the Federal …
By Daniel Hanson
10 days ago 31

FTC Commissioner Christine Wilson Tells Patent Masters Attendees FTC v. Qualcomm Decision ‘Scares Me’

Commissioner Christine Wilson of the U.S. Federal Trade Commission (FTC) addressed the IPWatchdog Patent Masters Symposium on Tuesday, September 10, emphasizing three main points in her keynote: …
By Eileen McDermott
10 days ago 0

The IEEE IPR Policy Amendments: Strategic Behavior and Feedback Loops

Speaking at IPWatchdog's Patent Master's Symposium today, Professor Kristen Osenga of The University of Richmond School of Law gave attendees a glimpse of her upcoming paper examining …
By IPWatchdog & Kristen Osenga
11 days ago 0

Clarifying Competitor Standing in PTAB Appeals

To seek relief in Federal Court, a plaintiff must demonstrate a personal, legally protectable interest in the outcome of the dispute for which relief is being sought, …

Chief Judge Randall Rader: Don’t Be Seduced by the Patent Hold-Up Misnomer

In his luncheon keynote address to attendees of IPWatchdog’s Patent Master’s Symposium: “Standard Essential Patents: Striking a Balance Between Competition and Innovation” on Tuesday, former …
By Eileen McDermott
11 days ago 18

CAFC Reiterates Sovereign Immunity Is a Shield, Not a Sword

On September 5,  the U.S. Court of Appeals for the Federal Circuit (CAFC) held that state sovereignty principles asserted by the Board of Regents of the University …
By Nancy Braman
12 days ago 0

Federal Circuit Finds District Court Applied Overly Restrictive Interpretation of the Relation Back Doctrine

Recently, the Federal Circuit reversed, vacated and remanded a decision of the U.S. District Court for the District of Colorado that granted Mushkin, Inc.’s (“Mushkin’…

RPX Corporation is Seeking a Senior Patent Analyst in San Francisco, CA

RPX Corporation is seeking a full time, permanent Senior Patent Analyst in San Francisco, CA.  The Senior Patent Analyst will be tasked with assessing patent validity.  In …

Examining Confusion Between the Chamberlain and Berkheimer Decisions at the Federal Circuit

If you’re reading this blog, then you likely are an avid follower of the Section 101 saga. The most recent episode in this saga, Chamberlain v. Techtronic …
By Wen Xie
12 days ago 38

This Week on Capitol Hill: STRONGER Patents Act Returns, Maintaining the Lead in Global AI, and Internet Antitrust Issues

This week marks Congress’ return from its August recess and patent owners should be encouraged to see the Senate IP Subcommittee meeting on Wednesday to explore the …
By IPWatchdog
13 days ago 0

Beware of Traps in the New Canadian Patent Rules

The Government of Canada is changing the current Patent Act and Patent Rules to modernize the Canadian patent regime. The current Patent Rules will be replaced with …