Eileen McDermott is the Editor-in-Chief of IPWatchdog.com. Eileen is a veteran IP and legal journalist, and no stranger to the intellectual property world, having held editorial and managerial positions at several publications and industry organizations. She has acted as editorial consultant for the International Trademark Association (INTA), chiefly overseeing the editorial process for the Association’s twice-monthly newsletter, the INTA Bulletin. Eileen has also served as a freelance editor for the World Intellectual Property Organization (WIPO); as senior consulting editor for the Intellectual Property Owners Association (IPO) from 2015 to 2017; as Managing Editor and Editor-in-Chief at INTA from 2013 to 2016; and was Americas Editor for Managing Intellectual Property magazine from 2007 to 2013.
The United States Solicitor General has recommended granting review in American Axle & Manufacturing v. Neapco Holdings, a case many in the patent community hope will provide clarity on U.S. patent eligibility law. The Supreme Court asked for the views of the Solicitor General in May of 2021 and the response has been highly anticipated. The SG’s brief says that inventions like the one at issue in American Axle have “[h]istorically…long been viewed as paradigmatic examples of the ‘arts’ or ‘processes’ that may receive patent protection if other statutory criteria are satisfied” and that the U.S. Court of Appeals for the Federal Circuit “erred in reading this Court’s precedents to dictate a contrary conclusion.”
Speakers on day one of IPWatchdog’s Patent Litigation Masters program acknowledged that it’s easy for patent owners to become frustrated and disconsolate about how far the pendulum has swung away from encouraging effective patent protection but urged attendees to continue speaking up. As program sponsor and co-chair David Henry of Gray Reed put it, “I think we all have to become ambassadors for the patent system.” Henry spoke Monday on a panel about the U.S. Court of Appeals for the Federal Circuit’s recent habit of granting petitions for writ of mandamus to order Judge Alan Albright of the U.S. District Court for the Western District of Texas to transfer cases out of his court, largely to the U.S. District Court for the Northern District of California. Panelists speculated about the motivation for this focus on both the Eastern and Western Districts of Texas, with several agreeing that at least part of the trend is rooted in anti-patent sentiment. “Every time there’s a favorable forum for patentees, it gets harder to get into,” Wendy Verlander of Verlander LLP said.
This week in Washington IP news, the House Financial Services Committee explores the risks and benefits of any central bank digital currency that could potentially be adopted by the Federal Reserve, the House Space and Aeronautics Subcommittee reviews the most recent Planetary Science and Astrobiology Decadal Survey and its recommendation to send a robotic mission to the planet Uranus, and the House Government Operations Subcommittee looks at ways to support the Technology Modernization Fund for upgrading IT systems at federal agencies. Elsewhere, the Information Technology & Innovation Foundation debates the potential impacts of a regulatory framework for AI technologies being drafted by the European Commission, while the Heritage Foundation looks at how the characteristics of Bitcoin intersect with American values.
The U.S. Court of Appeals for the Federal Circuit (CAFC) today vacated and remanded three decisions of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) that had found Google failed to prove the relevant claims of IPA Technologies, Inc.’s patents to be unpatentable. The CAFC found that the PTAB “failed to resolve fundamental testimonial conflicts in concluding that the relied-upon reference was not prior art.” The patents in question are U.S. Patent Nos. 6,851,115 (“the ’115 patent”) and 7,069,560 (“the ’560 patent”). They cover “a software-based architecture . . . for supporting cooperative task completion by flexible, dynamic configurations of autonomous electronic agents.” Specifically, the patents disclose that “[c]ommunications and cooperation between agents are brokered by one or more facilitators” and that “[t]he facilitators employ strategic reasoning for generating a goal satisfaction plan to fulfill arbitrarily complex goals by users and service requesting agents.” The patents list David L. Martin and Adam J. Cheyer as inventors.