Posts Tagged: "Gene Quinn"

As Judge Stark Ascends to the Federal Circuit, a Look Back at His 2018 Ruling in American Axle

Earlier this month, the U.S. Senate officially confirmed Judge Leonard P. Stark to serve as a Circuit Judge on the U.S. Court of Appeals for the Federal Circuit. The Federal Circuit bench has great importance to the world of patent law as this is the U.S. federal court of appeal with specialized subject matter jurisdiction over all patent cases arising in U.S. district court and the Patent Trial and Appeal Board (PTAB). Judge Stark was confirmed in an overwhelmingly bipartisan 61-35 vote, reported to be one of the most bipartisan confirmation votes thus far into the Biden Administration. Perhaps chief among Judge Stark’s qualifications that inspired such confidence in his nomination at the Senate was his previous position as U.S. District Judge for the District of Delaware. Serving as the Chief Judge of that district court since 2014, Judge Stark’s docket has seen more than 2,400 patent cases filed since he joined the District of Delaware back in 2010.

Webinar: The Modern FTO Framework: Strategies for Connected, Risk-Reduced Innovation – Sponsored By ClearstoneIP

With legal processes undergoing profound transformation, freedom-to-operate is ripe for modernization. Patent data has become unwieldy and it is no longer feasible to maintain analysis in spreadsheets as new purpose-built models are available to instinctively guide processes, integrate patent data, and capture decisions. In our last webinar, we covered common FTO issues and best practices from both in-house and outside…

SCOTUS, Vaccine Mandates and Patent Law: God Help Us

Is the Supreme Court competent to handle issues dealing with technology? The question is often discussed in private among patent attorneys who find themselves completely befuddled by the wanton disregard and open duplicitous handling of patent laws by the Nation’s High Court. In one decision, the Supreme Court will wax poetically about the need to adhere to precedent, and citing stare decisis, and then overrule well-established, 30-year-old Supreme Court precedent. The whim and fancy – and intellectual dishonesty – of the Supreme Court knows no bounds when it comes to patent law. But now, just how little at least some of the Justices know about basic science – and logic — has become glaringly and unmistakably obvious to everyone, thanks to the recent oral argument held regarding vaccine mandates.

Webinar: Brand Protection – Blocking, Monitoring & Enforcing Domain Name Rights

Perhaps nowhere in the intellectual property world is the old saying about an ounce of prevention being worth a pound of cure more accurate than with respect to domain names. Attacks against domain names and domain registration accounts can deliver devastating consequences to brand reputation, to customer trust and to the bottom line. With cybersquatting and other online threats on…

The PTAB Desperately Needs Reform, Not Preservation

The Patent Trial and Appeal Board (PTAB), created by the America Invents Act (AIA) just over 10 years ago, is the most electrifying lightning rod in the industry. As explained repeatedly by Members of Congress at the time the AIA was enacted, the purpose was to create a streamlined, less expensive, alternative administrative means to challenge the invalidity of issued patents. Sadly, with that being the stated purpose, the creation of the PTAB can be objectively characterized as nothing other than an abysmal failure. What has evolved is anything but streamlined, and certainly not inexpensive, even compared with district court litigation.

Tillis Pushes Tai Again on TRIPS IP Waiver Proposal, as South Africa Asks to Delay Delivery of Vaccines

Yesterday, Senator Thom Tillis (R-NC), the Ranking Member on the Senate IP Subcommittee, wrote to Ambassador Katherine Tai, the United States Trade Representative who is responsible for negotiating an IP Waiver to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement with the World Trade Organization (WTO). This TRIPS IP Waiver is generated by proposals submitted by South Africa and India and seeks the waiver patent and trade secret protections relating to COVID-19 innovations. This is the fifth such letter Tillis has sent Tai. As noted by Senator Tillis and many commentators, including here on IPWatchdog, the proposed TRIPS IP Waiver is nothing more than an attempt to steal intellectual property rights covering important innovations that took nearly a generation to bring to fruition. And now we have definitive proof.

Webinar: Patent Litigation in Germany After German Patent Law Reform

Approximately two-thirds of all European patent litigation cases are tried in German courts, which makes Germany the most important European venue for patent litigation. The two main factors that have led patent owners to choose Germany as a venue are its bifurcated system, which results in the notorious “injunction gap” and the automatic injunction. Since August 18, 2021, a new…

IPW Webinar: Trends in Patent Prosecution – Don’t Get Left Behind

Now, more than ever, it is imperative to ensure that you are obtaining the highest quality patents in the most efficient manner. The days of using gut instinct to drive patent prosecution decision-making are long gone. To compete in today’s world, you need accurate, reliable data that provides valuable insight to help manage expectations and drive strategy throughout the prosecution…

The DOCX Transition: The USPTO Explains Why It’s Delaying the Fee for Non-DOCX Filings

On Friday, November 19, the USPTO announced that it will be delaying the $400 fee for patent applications filed in non-DOCX formats until January 1, 2023. Previously, the fee was set to take effect on January 1, 2022, but the Federal Register notice, officially published on Novemebr 22, indicated that the Office will undertake enhanced testing of its information technology systems as more users file in DOCX, and that it wants to give applicants more time to adjust to filing patent applications in DOCX format. The goal, according to acting USPTO Director Drew Hirshfeld, is to alleviate concerns that have been raised by users about rendering problems that could result in applicants losing their filing dates due to incorrect information being filed.

Vidal Confirmation Hearing Should Provide a Hint at What’s Ahead for Patent Owners

IPWatchdog has been told that Kathi Vidal, who is President Biden’s nominee for Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), will have her confirmation hearing on Wednesday, December 1. As of the time of publication, the Senate Judiciary Committee, to which the Vidal nomination has been referred, lists a confirmation hearing for the full Committee at 10am on December 1, but provides no additional information. It is believed Vidal will share the hearing with several nominees for federal judicial positions.

Can You Refile a Provisional Patent Application?

The question that we receive most frequently from inventors, usually independent inventors, relates to whether a provisional patent application can be refiled with the United States Patent and Trademark Office (USPTO).  Before giving the correct answer, it is critically important for everyone to understand that if a provisional patent application is refiled it may become impossible for a patent to ever be obtained, period.  Can a provisional patent application be refiled? The short, easy answer to the question is yes, of course you can refile the provisional application. The USPTO will be happy to have you refile the application, take your filing fee, and send you a new filing receipt. The problem for you, as an inventor, however, is the consequence of refiling a provisional application. So, while it may be very easy to do, and seem like you’ve just extended the life of your original provisional application, that is precisely NOT what has happened, and you may have – indeed likely have – made it impossible to ever obtain a patent anywhere in the world.

FDA Resists FOIA Request for Vaccine Approval Info as Biden Administration Offers to Share it with the World

From the “one hand doesn’t know what the other hand is doing” category, believe it or not, the Food and Drug Administration (FDA) is effectively refusing to release documents it possesses relating to the approval of the Pfizer-BioNTech COVID-19 vaccine. More precisely, Public Health and Medical Professionals for Transparency (PHMPT), a group of doctors and scientists, submitted a Freedom of Information Act (FOIA) request for documents relating to the approval of the Pfizer COVID-19 vaccine. After the FDA denied a request by the PHMPT to expedite release of the documents, a lawsuit was filed. In response to that lawsuit, the FDA proposed to release 500 pages per month, which would allow the agency time to redact material as necessary. Given that there are 329,000 pages responsive to the PHMPT request, at the proposed FDA rate of 500 pages per month it would take 55 years for the FDA to fully release the Pfizer COVID-19 vaccine documents.

IPW Webinar: Challenging Trademarks in Europe – Opposition and Cancellation Proceedings at the Benelux Office of Intellectual Property and the EUIPO

Trademark opposition proceedings provide trademark owners a relatively quick means to challenge the trademark application of another prior the challenged application being granted. Meanwhile, a cancellation proceeding offers a trademark owner a procedural mechanism to challenge an issued trademark at the Intellectual Property Office rather than in court. Different timelines, grounds for challenge, standards of proof, and appeals rules apply…

The State of the SEP Ecosystem: Eight Takeaway Messages from SEP 2021

Last week, IPWatchdog hosted its annual SEP conference, which once again took place in virtual format. I either moderated or directed/produced all the panels, so I stayed busy throughout the week, but still managed to pay attention to what was being said by the panelists. For some panels I participated more, making it a bit more challenging to take notes, so when I say what follows are statements that particularly piqued my interest, I am by no means suggesting there weren’t many more golden nuggets of wisdom imparted to the over 900 registrants over our four-day program.

Virtual SEP 2021 Day One: Panelists Weigh in on the State of the SEP Ecosystem and More

tandard Setting Organizations (SSOs) exist as a mechanism for industry innovators to work together to collectively identify and select the best and most promising innovations that will become the foundation for the entire industry to build upon for years to come. Those disclosing patented technologies to an SSO during the development of a standard commit to offering a license at a FRAND (which stands for Fair, Reasonable and Non-Discriminatory) rate to the extent the patent is essential, as explained by Curtis Dodd, Chief IP Counsel for Harfang IP, during the second panel of SEP 2021 yesterday, which focused on FRAND and patent damages. Indeed, the myriad issues surrounding FRAND obligations and the disclosure of innovations to SSOs were the focus of the three panels that took place on day 1 of SEP 2021, hosted by IPWatchdog.