Posts Tagged: Federal Circuit


Determining When a Printed Publication is Publicly Accessible

Twice during the last year, the Federal Circuit found itself clarifying the meaning of public accessibility of a printed publication for the purposes of prior art under 35 …

Federal Alcohol Labeling Following Tam and Brunetti

The U.S. Supreme Court and the Court of Appeals for the Federal Circuit recently struck down certain trademark registration requirements on First Amendment grounds. These cases …

Federal Circuit Affirms $1.3M Attorney’s Fees Award Under Octane Fitness Standard

The Federal Circuit recently affirmed a district court’s award of attorney’s fees under 35 U.S.C. § 285. In particular, the Federal Circuit affirmed the lower court’…

Other Barks & Bites for Friday, May 17: Trump Bans Huawei, Alibaba Shows Improved Brand Protection and China Revises Copyright Law

This week in Other Barks & Bites: Chinese state political advisors suggest changes to the country’s copyright law, including stronger punitive measures for infringement; President Donald Trump …
By IPWatchdog
5 days ago 1

Federal Circuit Affirms Validity of Endo Pharmaceuticals Patent for Morphinan Pain Relief Compounds

The Federal Circuit recently affirmed a district court ruling finding patent infringement after holding that Actavis LLC, Actavis South Atlantic LLC, and Teva Pharmaceuticals USA, Inc. (collectively, “…

CBD Wins with USPTO’s New Examination Guide for Cannabis Marks, but Lawful Use Requirements Remain Intact

On May 2, 2019, the USPTO issued a new examination guide titled “Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill.” A …
By Magdalena Berger
8 days ago 0

Urge the Drafters of the New Section 101 to Support Inventor-Friendly Reform

Senators and Representatives Coons, Tillis, Collins, Johnson, and Stivers recently announced in a press release a proposed framework to fix patent eligibility law in the United States. …
By Mark Marrello
9 days ago 27

Federal Circuit Affirms PTAB Ruling That Prior Art and FDA Skepticism Supports Non-Obviousness Finding

The U.S. Court of Appeals for the Federal Circuit recently affirmed the Patent Trial and Appeal Board’s (PTAB's) decision upholding the patentability of Eli Lilly & …

Other Barks & Bites for Friday, May 10: Congress and Trump Crack Down on Pharma, Amici File Briefs in Acorda, and USPTO to Modify Patent Term Adjustment Procedures

This week in Other Barks & Bites, IPWatchdog's IP news roundup: the House of Representatives passes drug patent legislation, while antitrust legislation targeting patent-related activities is introduced into …
By IPWatchdog
12 days ago 21

Iancu: USPTO Guidance Gets 101 Right; Time for Courts to Follow Suit

On Monday, the International Intellectual Property Commercialization Council (IIPCC) gathered patent office and Federal Circuit experts, including current USPTO Director Andrei Iancu and former Federal Circuit Chief …
By Gene Quinn
15 days ago 16

Alice Five Years Later: Hope Wanes as 101 Legislative Discussions Dominated by Big Tech

On June 19, it will be five years since the United States Supreme Court issued a decision in Alice Corp. v. CLS Bank, 134 S.Ct. 2347 (2014), which significantly changed …
By Gene Quinn
17 days ago 36

Iancu Calls on Federal Circuit to Fix Section 101 Problem

USPTO Director and Under Secretary of Commerce for Intellectual Property Andrei Iancu believes that “to a large extent … if they want to, the Federal Circuit can fix …
By James Nurton
20 days ago 8

Google v. Oracle and the Battle to Protect Software Via Copyright

On Monday, the U.S. Supreme Court invited the United States Solicitor General to file a brief expressing its views in the long-running case of Google LLC …
By Derek Handova
21 days ago 1

Your Developers Could Be Publicly Disclosing Source Code By Using Third-Party Code Repositories

Recently, I met with a potential client to discuss key points that developers and management should keep in mind in taking the first steps to begin developing …
By Christian LaForgia
22 days ago 1

Reflections on World IP Day: Where We’ve Been and What’s to Come

The World Intellectual Property Organization (WIPO) established World IP Day (WIPD) 19 years ago to celebrate the day on which the WIPO Convention entered into force: April 26, 1970. With …
By Eileen McDermott
26 days ago 0