Posts Archive
Reflections Upon Disagreeing with Judge Paul Michel
Recently, I’ve written several articles laying the blame for the patent eligibility crisis squarely on the Federal Circuit. Yes, we all know the Supreme Court is …
Scott Elmer, St. Jude Children’s Research Hospital On the ‘Sea Change’ in Diagnostics Patent Strategies
Scott Elmer is Director, Office of Technology Licensing, at St. Jude Children’s Research Hospital, one of the leading pediatric cancer hospitals in the country. The institution …
This Week on Capitol Hill: Clean Energy Innovation, More Debate on Prescription Drug Pricing and Technological Censorship of Free Speech
The Senate has a busy schedule related to tech and innovation topics for the week of April 8, including hearings on prescription drug pricing, broadband Internet coverage maps …
You Had One Job: The Federal Circuit Can and Should Fix Section 101
It is getting tiring to read in case after case the Federal Circuit saying that they are forced by Alice or Mayo to find real innovation to …
Latest CAFC Ruling in Cleveland Clinic Case Confirms That USPTO’s 101 Guidance Holds Little Weight
On Monday, April 1, the Court of Appeals for the Federal Circuit issued a decision in Cleveland Clinic Foundation v. True Health Diagnostics affirming the invalidity of patents …
India’s Biological Diversity Act: Beware the Regulatory Maze
For life sciences industries and research organizations that utilize any biological resource from India for research, commercial or other purposes, awareness and regulatory compliance with India’s …
Other Barks & Bites, Friday, April 5: Senators Introduce FLAG Act, Apple Wins iPad Trademark Case, Poland May Ignore New EU Copyright Rules
This week in Other Barks & Bites: a trio of U.S. Senators introduce a bill for countries and municipal governments that want to register trademarks; Williams-Sonoma and …
Visual Search Engines: A New Side Door for Competitors or a Better Infringement Detection Tool?
Text-based search engines, such as Google and Yahoo (remember Ask Jeeves?), were arguably the most important development leading to our now everyday reliance on the Internet. The …
Judge Paul Michel: Look to Congress, Not Courts, to Fix the U.S. Patent System
During a break at IPWatchdog’s recent Patent Masters™ Symposium, former Federal Circuit Chief Judge Paul Michel went on record to express his grave concerns about the …
CAFC: Claim Construction That Misreads Plain Language of Claims and Specification Is Clearly Erroneous
The Federal Circuit recently vacated a district court decision which found a patent for the antipsychotic drug “Saphris,” belonging to Forest Laboratories (Forest), valid as nonobvious, but …
Amster, Rothstein & Ebenstein LLP is looking for a Patent Prosecution Junior Associate
Amster, Rothstein & Ebenstein LLP is looking for a Patent Prosecution junior associate in the mechanical or technical arts with 2 - 5 years experience. The position is located in …
First House IP Subcommittee Hearing of 116th Congress Addresses Ways to Increase Female Inventorship
Today, April 3, the Senate Subcommittee on Intellectual Property held a hearing titled Trailblazers and Lost Einsteins: Women Inventors and the Future of American Innovation—a topic that …
Inequitable Conduct and Unclean Hands: Is There a Difference and Does it Matter?
Inequitable conduct remains the most powerful defense to patent infringement. In contrast to other defenses to patent infringement that require a claim-by-claim analysis, the defense of inequitable …
The Federal Circuit Just ‘Swallowed All of Patent Law’ in ChargePoint v. SemaConnect
In ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) the Federal Circuit inexplicably stated in its opinion that “[i]t is clear from the language of claim 1 that the …
Request for Amici: Tell the Supreme Court to Clarify Section 101
On March 8, Foster Pepper filed a petition for certiorari with the Supreme Court, case number 18-1199, challenging the Federal Circuit’s emerging “physical realm” test as part …
