Posts Archive


This Week in Washington IP: Controversial Leahy Amendment Set to Pass as Part of U.S. Innovation and Competition Act; Where We Stand on the IEEE 2015 Business Review Letter; and March-In Rights Under Bayh-Dole

This week in Washington IP news, the Senate is set to pass the U.S. Innovation and Competition Act, including a controversial amendment to the Endless Frontier …
By IPWatchdog
7 days ago 1

CAFC Affirms District Court Ruling for Amazon on Claim Construction

Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the United States District Court for the Northern District of California’s final …
By Butch Laker
7 days ago 0

After Hyatt v. Hirshfeld, it Might Be Time to Pay Attention to Prosecution Laches

Gilbert Hyatt was one of many applicants who filed many patent applications shortly before the June 8, 1995 transition point, where patent terms transitioned from being defined based on 17 …
By Kate Gaudry
8 days ago 13

Other Barks & Bites for Friday, June 4: EU Plans Alternative to Vaccine Patent Waiver Proposal, CAFC Finds Prosecution Laches as Section 145 Defense for USPTO, and Antitrust Investigations into Facebook Marketplace Launched in EU and UK

This week in Other Barks & Bites: Officials in the European Union are developing an alternative proposal to the waiver of international patent rights under TRIPS for COVID-19 …
By IPWatchdog
10 days ago 0

Patent Litigation Likely to Rise with More Litigation Financing Opportunities

From increasing damage awards into the billions of dollars, to a new hot patent court for plaintiffs in West Texas, to increased financing available from litigation funders …
By Gene Quinn
10 days ago 0

SCOTUS Says Former Police Sergeant Did Not Violate CFAA, Snubbing Government’s Reading

The United States Supreme Court today ruled that a former police sergeant did not flout Section (a)(2) of the Computer Fraud and Abuse Act (CFAA) because that …
By Eileen McDermott
11 days ago 7

Five Years after Form 18: Post-Iqbal–Twombly Rule 12(b)(6) and 12(c) Motions to Dismiss Patent Infringement Claims

Today, district courts evaluate whether patent infringement complaints satisfy the plausibility standard under Fed. R. Civ. P. 8 and the Supreme Court’s Iqbal–Twombly standard. Five years …
By Eric Levi
11 days ago 3

Patent Filings Roundup: Funded-NPE Semiconductor Shotgun Petition Backfires; APJ Bucks Board on Fintiv; IP Edge Files Dozens

Happy Memorial Day week. It was a light week at the Patent Trial and Appeal Board with 20 filings – 18 inter partes reviews (IPRs) and two post grant reviews (…
By Jonathan Stroud
11 days ago 0

Aurora Consulting LLC is seeking a Patent Agent (Remote)

Aurora Consulting is looking for an experienced patent agent to help with portfolio management, growth initiatives, content development, and business administration. This is a full-time, permanent, remote (…

Supreme Court Grants Cert in Unicolors v. H&M to Consider Whether Section 411 Includes Intent-to-Defraud Requirement

On Tuesday, June 1, the U.S. Supreme Court granted a petition for writ of certiorari filed by fabric designer Unicolors seeking to challenge the U.S. Court …
By Steve Brachmann
12 days ago 1

CAFC Finds Certain Baxter Telepharmacy Claims Obvious, Reversing PTAB

On May 28, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the Patent Trial and Appeal Board (Board), holding certain claims …
By Logan Murr
12 days ago 0

Jury May Pick Royalty Rate from Range Offered in Expert Testimony

Earlier this year, the Federal Circuit issued a precedential decision in Bayer Healthcare LLC v. Baxalta Inc. in which the court affirmed rulings from the District of …
By Gene Quinn
12 days ago 1

WIPO is seeking a Director, Patent and Technology Law Division

The post is located in the Patent and Technology Law Division (PTLD), Patents and Technology Sector. The PTLD is responsible for the implementation of WIPO’s strategic …

WIPO is seeking a Senior Director, PCT Legal and International Affairs Department

The post is located in the PCT Legal and International Affairs Department of the Patents and Technology Sector.  This Department is responsible for the development of policies …

Biden is Missing an Opportunity at the USPTO

Intellectual property (IP) made modern vaccines possible. It took billions of dollars in private and public investments in research and development to be able to create, in …
By Russell Slifer
13 days ago 65