Posts Tagged: Guest Contributor
USPTO Implementation of Arthrex: Questions and Answers from Administrative Law, Part I—Dismissal and Subregulatory Rulemaking
In United States v. Arthrex, No. 19-1434, 141 S.Ct. 1970 (Jun. 21, 2021), Chief Justice Roberts cured an Appointments Clause defect in the Patent Trial and Appeal Board’s (PTAB’…
Patent Filings Roundup: Equitable IP Subsidiary Goes on Retail Shopping Spree; Fintiv ITC Denial Hits Roku Hard
District court patent filings rebounded a bit with 80 this week, buoyed by a new financial services campaign, Peregrin Licensing LLC, from an older publicly traded non-practicing entity (…
China’s New Patent Linkage System: A Guide for Foreign Chinese Patent Holders
In compliance with the Phase One Trade Agreement, China has implemented a patent linkage system in their amended patent law, which became effective June 1, 2021 (Article 76 of the …
Drilling Down on Criticism of Top-Down Approach to Determining Essentiality
Last week, an article was published on the Social Science Research Network (SSRN) website by Matteo Sabattini, who is the director of IP Policy at Ericsson. SSRN …
A Third Option: Limited IP Waiver Could Solve Our Pandemic Vaccine Problems
In the early days of the vaccination efforts, Americans were anxiously online trying to register for a COVID-19 vaccination appointment. Reports of success at 1:30 am and 2:30 am …
The Biden Executive Order’s Restraint on Freedom of Contract: Regulation by Anecdote May Lead to Unintended Consequences
Capping months of anticipation, President Joe Biden on July 9 unveiled his Executive Order on Promoting Competition in the American Economy, which he argues will “lower prices for …
The Burden of Proof regarding Cellular Wireless Standard Related Patents: Final Thoughts for Our Critics
Do owners of patents for which licensing declarations have been made enjoy more rights than other patent holders? Do such licensing declarations impose obligations on potential licensees …
Implications of Russia’s New Rules on Geographical Indications for Champagne and Cognac Producers
On July 2, 2021, amendments to the Federal Russian Law No. 468-FZ dated December 27, 2019 “On Viticulture and Winemaking in the Russian Federation” came into force. The amendments introduced two …
Are 5% of All U.S. Issued Patents Presumed to Be Unenforceable Under Laches Due to Their Priority Claims?
Laches is an equitable defense that may be raised in a patent-related proceeding. If a defending party can show that a patent holder exhibited unreasonable delay that …
Determining When a Patent Portfolio is Standard-Essential: A Probabilistic Approach
In recent years, several patent experts and commentators have claimed that there are too many “low-quality” patents being granted by patent offices around the world, or that …
India Gives Birth to IP Division in Delhi High Court
In India, a similar administrative adjudicatory body to the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO), called the Intellectual …
By
Vijeta Sharma, Ph.D.
& Sean E. Paquette, J.D.
& Sudhish Swain
& Raj S. Dave, D.Sc., J.D.
8 days ago 1
8 days ago 1
Patent Filings Roundup: NPE Targets Cracker Barrel, Realtors; VMWare/Cirba Dispute Heads to Board; Car Jumpstarter Patent Challenged; Funded Semiconductor Litigation Patents Instituted
After last week’s spike in complaints, things returned to steady-state this week, with plaintiffs filing 58 complaints and patent challengers filings 26 petitions (one post grant review [PGR] …
Extending the Innovation Pipeline to Africa’s Patients
With summer underway in the United States, we want to believe the global pandemic is ending. In many cities, restaurants are at near-full capacity, scaled-back festivals are …
The New Biden Executive Order: Undermining Bayh-Dole is Like Shooting Ourselves in the Foot—Let’s Not Go There
Late Friday, the Biden Administration unveiled what must be one of the longest Executive Orders in history, titled “Promoting Competition in the American Economy.” In 31 pages, it …
New Dance Moves? Purple Book Amendments Require Public Disclosure of ‘Patent Dance’ Patent Lists
Innovator (or “reference”) biologic drug makers and small-molecule drug makers face differing legal obligations with respect to public patent disclosures. Under the Hatch-Waxman Act, reference small-molecule drug …
