Posts Tagged: Guest Contributor


Patentees Need to Act Fast as the EPO Opposition Timeline Tightens

In early 2019, we undertook a comprehensive research project to develop a forensic understanding of European Patent Office (EPO) oppositions, particularly in the life sciences sector, analyzing EPO …
By Katherine Green & Emily Hayes
24 hours ago 2

OSI Pharmaceuticals Decision Has Limited Use in Supporting Patentability of Method of Treatment Claims

Earlier this month, Mallinckrodt succeeded in its inter partes review (IPR) challenge against patent owner Biovie, Inc. (Biovie). The Patent Trial and Appeal Board’s (PTAB’s) …
By J. Morgan Kirley
2 days ago 1

Overcoming Cognitive Bias in Patent Filing and Maintenance Decisions

During this turbulent era in the history of the U.S. patent system, many enterprises have pursued new models for IP strategy and execution. Others have taken …
By Carlo Cotrone
2 days ago 0

No Justice for Small Company Innovators: Make Your Voice Heard on the America Invents Act, IPRs, and the CAFC’s Rule 36

My company, Chestnut Hill Sound Inc. (ChillSound), has been victimized by a U.S. patent system that for nearly a decade has been in a sorry state. …
By Robert Friedman
3 days ago 4

One Inventor’s Unsolicited Congressional Testimony Following Arthrex

Since inventors are rarely allowed to participate in patent discussions in Congress, I would like to submit my testimony here. In Arthrex, the Federal Circuit in effect …
By Paul Morinville
4 days ago 32

Top Tips for Maintaining Adequate Quality Control Over Trademark Licensees

In order for rights in a trademark to persist, the mark must be used in commerce continuously. Wallack v. Idexx Labs., Inc., No. 11CV2996-GPC(KSC), 2015 WL 5943844, …
By Theodore Chiacchio
4 days ago 0

How to Prepare and Prosecute Patents in Light of the USPTO’s Post-Alice Focus on Eligibility

Since the issuance by the United States Supreme Court of its opinion in Alice Corporation Pty Ltd. v. CLS Bank International, 573 U.S. 208, 134 S. Ct. 2347 (2014), the United …
By Robert Levy
5 days ago 18

This Thanksgiving: What Is the IP Community Thankful For?

This year has included many twists and turns for IP stakeholders, particularly on the patent side. Most recently, the Federal Circuit’s decision in Arthrex has called …
By Eileen McDermott
8 days ago 10

Unitaid’s Contradictory Approach to IP Rights Risks Progress

Founded in 2006 by the governments of France, the United Kingdom and several others, and financed by a combination of a tax on airline tickets and government grants, …
By Philip Stevens
9 days ago 1

Don’t Undermine U.S. Innovation While Standing Up to China

One of the few areas of bipartisan agreement in Washington is that it's time to respond to Chinese economic and military aggression. The need is underscored by …
By Joseph Allen
10 days ago 12

Federal Circuit Tackles Analogous Art Arguments

In Airbus S.A.S v. Firepass Corporation, Appeal 2019-1803 (November 8, 2019), Airbus appealed the Patent Trial and Appeal Board's (PTAB’s) reversal of the examiner's rejection of …
By Kim Jordahl
10 days ago 3

U.S. Government Patent Enforcement: A Ripple or a Coming Tempest?

In most respects, the widely reported patent complaint recently filed against Gilead is perfectly ordinary. It was filed in the U.S. District Court for the District …

Artificial Intelligence Will Help to Solve the USPTO’s Patent Quality Problem

About a month ago, Steve Brachmann authored an article concerned with a brief given to Capitol Hill staff by Professors Frakes and Wasserman. The article highlighted fundamental, …
By Udi Cohen
13 days ago 19

Celgene Corp. v. Peter: Should the Federal Circuit Leave PTAB ‘Patent Takings’ Issue for Another Day?

Nearly four months ago, the Federal Circuit for the first time addressed the applicability of the Takings Clause of the Fifth Amendment to IPRs, holding in Celgene …

The Most Common Design Patent Application Rejections (and How to Avoid Them) – Part II

In Part I of this article, we examined the top three rejections for design patent applications, which are due to non-enablement, inconsistency, and ambiguousness. The fourth most …
By Kevin Prince
15 days ago 6