Posts Archive


Can Process Confer Structure to Distinguish the Art after Biogen v. EMD Serono?

Courts have long held that "an old product made by a new process is not novel and cannot be patented." The validity of  product claims have generally …

CAFC Affirms ITC Ruling for 10X Genomics, Finding Bio-Rad Infringed

On April 29, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed an International Trade Commission (ITC) decision in Bio-Rad Laboratories v. International Trade Commission & 10…
By Nancy Braman
8 days ago 2

This Week in Washington IP: Advancing NSF Scientific Research, Addressing Equity in AI and Broadband, and Clean Energy R&D Legislation

This week in Washington IP news, the Senate remains largely quiet as it enters a scheduled state work period on the 2021 legislative schedule. However, the House of …
By IPWatchdog
8 days ago 0

The Common Thread of Innovation Ecosystems: Securing Ownership to Guarantee Creation

Over the past several weeks, it has been our pleasure at IPWatchdog to be a media sponsor for the excellent programming on intellectual property and the innovation …
By Gene Quinn
9 days ago 6

Other Barks & Bites for Friday, April 30: Brazil Senate Passes COVID-19 Patent Waiver Bill, Cornyn Mulls Expanding ITC’s Section 337 Authority; China Says It Leads World in 6G Patent Applications

This week in Other Barks & Bites: the full Senate Judiciary Committee approves the IDEA Act, moving it towards a Senate floor vote; China’s IP administration issues …
By IPWatchdog
11 days ago 1

The mRNA Patent and Competitive Landscape: Pioneers, Litigation Outlook and Big Pharma’s Next Moves (Part III)

In Part I of this series providing a summary of the mRNA IP and competitive landscape through one year of the COVID-19 pandemic, we focused on market …
By Daniel Shores
11 days ago 5

Who Needs to Know? The Hidden Value of Transparency

“Need to know” is a bedrock tenet of information security. You only get to see it if you need to see it. The reasoning is that the …
By James Pooley
12 days ago 2

IDEA Act Passed Out of Senate Judiciary Committee

The full Senate Judiciary Committee today passed the Inventor Diversity for Economic Advancement (IDEA) Act, which seeks to direct the United States Patent and Trademark Office (USPTO) “…
By IPWatchdog
12 days ago 4

Saul v. Carr: The SCOTUS Social Security Decision Patent Practitioners Should Read

On April 22, 2021, the United States Supreme Court issued a decision in Carr v. Saul, which dealt with a constitutional Appointments Clause challenge to Administrative Law Judges (ALJs) …
By Daniel Hanson
12 days ago 1

A New Trial is Ordered with Respect to Damages in Optis Wireless v. Apple, Despite No FRAND Claims at Issue

On April 14, 2021, in a somewhat surprising about face, Judge Rodney Gilstrap ordered a new trial with respect to damages in Optis Wireless Technology, LLC et al. v. …
By Curtis Dodd
12 days ago 0

Assignor Estoppel: Can’t We Just Leave It To Congress? (Answer: Not Really)

On Wednesday, April 21, the U.S. Supreme Court heard oral arguments in Minerva Surgical, Inc. v. Hologic, Inc., which concerns the doctrine of assignor estoppel. Generally speaking, …
By William H. Milliken
13 days ago 1

Intellectual Property for Startups: Building a Toolkit to Protect Your Products and Design

Although it may seem like the name “startup” says it all, the reality for many inventors, engineers and companies is that it’s difficult to know where …

SEP Litigation Trends: What Does the Data Say?

Standard-essential patents (SEPs) are on the rise as the number of yearly newly declared patents has almost tripled over the past five years; there were 6,457 net new …
By Tim Pohlmann
13 days ago 0

Iancu Weighs in on IP Waiver, Critical Role of Patents for SMEs at World IP Day Event

“Property rights are not just good for the economy, they save lives”, Grover Norquist, President of Americans for Tax Reform said, speaking at Innovating the Future: Celebrating 2021 …
By Gene Quinn
14 days ago 8

Senate IP Subcommittee Hearing on Improving Patent System Inclusivity Centers on Better Communication About Available Resources

On the morning of Wednesday, April 21, the Senate Judiciary Committee’s Subcommittee on Intellectual Property held a hearing titled Improving Access and Inclusivity in the Patent System: …
By Steve Brachmann
14 days ago 8