Posts Archive


Are 5% of All U.S. Issued Patents Presumed to Be Unenforceable Under Laches Due to Their Priority Claims?

Laches is an equitable defense that may be raised in a patent-related proceeding. If a defending party can show that a patent holder exhibited unreasonable delay that …
By Kate Gaudry
5 days ago 7

Determining When a Patent Portfolio is Standard-Essential: A Probabilistic Approach

In recent years, several patent experts and commentators have claimed that there are too many “low-quality” patents being granted by patent offices around the world, or that …
By Matteo Sabattini
7 days ago 1

Hirshfeld Says He May Move Forward on Important Items If Biden Appointee Takes Too Long

IPWatchdog and LexisNexis held a “Conversation with the Commissioner of the USPTO” today, in which Drew Hirshfeld, the U.S. Patent and Trademark Office (USPTO) Commissioner for …
By Eileen McDermott
8 days ago 3

In Partial Reversal of Decision for Sony, CAFC Reiterates Patentees Need Not Prove Their Case at the Pleading Stage

On July 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, and remanded the U.S. District Court for …
By Logan Murr
8 days ago 3

India Gives Birth to IP Division in Delhi High Court

In India, a similar administrative adjudicatory body to the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO), called the Intellectual …

International Academics Push for TRIPS COVID IP Waiver Hold-Outs to Drop Opposition

One-hundred-twenty-four professors and academics from around the world have penned an open letter supporting India and South Africa’s proposed waiver of certain provisions of the Agreement …
By Eileen McDermott
9 days ago 11

Patent Filings Roundup: NPE Targets Cracker Barrel, Realtors; VMWare/Cirba Dispute Heads to Board; Car Jumpstarter Patent Challenged; Funded Semiconductor Litigation Patents Instituted

After last week’s spike in complaints, things returned to steady-state this week, with plaintiffs filing 58 complaints and patent challengers filings 26 petitions (one post grant review [PGR] …
By Jonathan Stroud
9 days ago 2

Doing it Their Way: Leaders Share Tips for Helping Women to Make it in the IP Game

Panelists on yesterday’s IPWatchdog webinar, “We Did it Our Way: Women IP Trailblazers Share Their Incredible Journeys” explained that, while the challenges they have had to …
By Eileen McDermott
9 days ago 0

Extending the Innovation Pipeline to Africa’s Patients

With summer underway in the United States, we want to believe the global pandemic is ending. In many cities, restaurants are at near-full capacity, scaled-back festivals are …
By Patrick Kilbride
10 days ago 0

Antitrust Suit Filed by 36 State AGs Targets Google Anticompetitive Practices on Android App Distribution

Last week, the attorneys general of 36 U.S. states and the District of Columbia filed a lawsuit in the Northern District of California against internet services and …
By Steve Brachmann
10 days ago 2

Green Light for Unitary Patent and Unified Patent Court

The long-awaited EU Unitary Patent and Unified Patent Court (UPC) looks likely to be launched in 2022, after Germany’s top court rejected two challenges to ratification on …
By James Nurton
10 days ago 3

The New Biden Executive Order: Undermining Bayh-Dole is Like Shooting Ourselves in the Foot—Let’s Not Go There

Late Friday, the Biden Administration unveiled what must be one of the longest Executive Orders in history, titled “Promoting Competition in the American Economy.” In 31 pages, it …
By Joseph Allen
11 days ago 2

This Week in Washington IP: SBA Innovation Programs for Creating New Jobs, Law Enforcement’s Use of Facial Recognition Tech, and Punishing Pay-for-Delay Agreements in the Pharmaceutical Sector

This week in Washington IP news, committees in the House of Representatives will host several hearings related to appropriations for various agencies under the jurisdiction of the …
By IPWatchdog
11 days ago 0

IP Goes Pop! Ep #1: It’s an IP Jungle Out There – How Trademarks Brought Down the Self-Proclaimed King of Tigers

Patents, trademarks, and copyrights are often referenced in popular movies, television and songs. IP Goes Pop! explores the interface between intellectual property and popular culture. Who owns …