Posts Tagged: Guest Contributor


Determining Essentiality: An Analysis of SEPs and Tips to Avoid Over-Declaration

A close examination of SEP databases reveals that a large number of patents that have been declared SEPs are not essential.... Patent owners are obliged to declare …
By Dhananjay Kumar Das
4 hours ago 0

As America Falls Off Global Innovation Map, an IP-Friendly USPTO Pick is More Crucial than Ever

As is customary, President Joseph R. Biden has spent much of his first month in office building out his administration’s Cabinet. His nominations for Secretary of …
By Arvin Patel
2 days ago 16

How to Safeguard AI Technology: Patents versus Trade Secrets

A common refrain is that an invention is only as valuable as the patent that protects it. But what happens when you cannot secure the patent? This …

Analyzing the Three Key Provisions of the Trademark Modernization Act

Most people associate the Consolidated Appropriations Act of 2020 with its COVID relief and stimulus measures, rather than trademarks. While these measures are of course the primary focus …
By Hunter S. Freeman
3 days ago 0

Trade Secrets and the Insider Threat: Protection Beyond the Perimeter

The managers of most companies tend to see information security as a Lord of the Rings problem, with the focus on protecting the perimeter. This reflects the …
By James Pooley
4 days ago 1

What Increased Success Rates for Amending Claims During Post-Grant Proceedings Means for Patent Litigation

As reported by the Patent Trial and Appeal Board here and by others, the motion to amend pilot program (see 84 Fed. Reg. 9497), which took effect in March 2019, …
By Tyler Bowen
4 days ago 1

Getting Ready for Arthrex: What the Amici Are Saying

The U.S. Supreme Court has agreed to hear, on March 1, 2021, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.…

Gutting Patents Won’t Speed the COVID-19 Vaccine Rollout

India and South Africa recently urged the World Trade Organization to suspend intellectual property protections for COVID-19 vaccines and treatments. The claim is that this would allow …
By Peter J. Pitts
9 days ago 3

Patent Filings Roundup: Porn Sites Head for PTAB; All-or-Nothing Post Grant Review Institution

Patent Trial and Appeal Board (PTAB) filings have settled into a relatively steady-state of roughly 20-30 petitions, occasionally punctuated by a big burst of litigation-related activity. Notably, …
By Jonathan Stroud
9 days ago 0

The New Madison Approach and the Harmonization of Antitrust and Patent Law: A Retrospective Summary

In a major 2018 speech, Justice Department Assistant Attorney General for Antitrust Makan Delrahim enunciated a “New Madison Approach” (NMA) (a tribute to James Madison’s support for …
By Alden Abbott
12 days ago 0

Should We Require Human Inventorship? Submit Your Amicus Brief by March

Patent systems around the globe offer a quid pro quo that exchanges limited monopolies for disclosures of inventions. Most patent filings list: (1) the inventor(s); and (2) the …

Patent Filings Roundup: New Magnetar Entity Sues Oracle on Compression Tech; WSOU Changes Course; New Tim Pryor Campaign

Filings reverted to the mean this week, with 31 Patent Trial and Appeal Board (PTAB) filings (5 post grant reviews and 25 inter partes reviews) and roughly double that (61) for …
By Jonathan Stroud
17 days ago 0

Box Score on the New Madison Approach to Antitrust and Patents

To those of us who breathe intellectual property and innovation, it sounds so obvious to say that consumers benefit greatly from the dynamic competition inventions and IP …
By James Edwards
18 days ago 1

Protecting Traditional Chinese Medicine Products in the United States and China

Traditional Chinese Medicine, or TCM, is a subset of herbal medicine. TCM patent applications generally fall into four categories. A Compound formula is the predominant type of …

The Biden Administration is at an Innovation Crossroad

The new Presidential Administration has hardly settled in before being confronted with a stark choice: will they continue policies that foster public/private sector R&D partnerships …
By Joseph Allen
23 days ago 2