Posts Tagged: Guest Contributor


India’s Patent Law is No Model for the United States: Say No to No Combination Drug Patents Act

The United States is on the brink of making changes to the U.S. patent law that would be modeled on India’s Patent Law. At a …

Supreme Court ‘FUCT’ Case Ends With a Bang: Ban on ‘Immoral or Scandalous’ Marks Fails First Amendment Scrutiny

The Lanham Act’s ban on federal registration of “immoral or scandalous” trademarks is unconstitutional under the First Amendment.  So held the United States Supreme Court on …

Inventors Must Oppose the Draft Section 101 Legislation

When it was announced that I would be testifying to the Senate Judiciary Subcommittee on IP about Section 101, I was surprised. Not only did they grant a …
By Paul Morinville
3 days ago 34

Proper Interpretation of Section 3(d) of the Indian Patent Act Could Save Incremental Innovations of Existing Pharmaceutical Substances

The landmark judgment of the Supreme Court of India in Novartis AG & Ors. .v. Union of India & Ors. AIR 2013 SC 1311, a case that dealt with the patenting …
By Naresh Asuri
4 days ago 0

Perspective: Weakening Alice Will Weaken the U.S. Patent System’s Second Engine of Innovation

Today is Alice’s fifth birthday; some may not be celebrating, but as a birthday gift, John Vandenberg argues the decision was not new law and should …
By John Vandenberg
7 days ago 26

Arguing Device-and-Method Eligibility Under the Present and Future States of U.S. Patent Law

Here's the hypothetical: A patent application has been filed for a new medical device. The device reads various physiological signals from a patient and presents, with previously …
By Daniel Hanson
8 days ago 11

Federal Circuit Issues Precedential Decisions On Who Can Petition for and Who Can Be Subject to Inter Partes Review

Late last week, the Federal Circuit issued Power Integrations, Inc. v. Semiconductor Components Indus., LLC and Regents of the Univ. of Minnesota v. LSI Corp. These two …

Forging Ahead After Losing an Alice Appeal

It’s tough to fight on after losing an Alice appeal, but that’s just what most applicants are doing. An “Alice appeal” is an appeal of …
By Mark Nowotarski
9 days ago 6

Supreme Court Denies 43rd Petition for Cert on 101 Grounds in Villena v. Iancu

Villena v. Iancu (Supreme Court Dkt. No. 18-1223), which is the 43rd patent eligibility case to be considered for certiorari since the notorious Alice Corp. decision, was …

Beware of Foreign Filing License Requirements

Most U.S. patent practitioners are keenly aware of the foreign filing license requirement for filing of U.S. patent applications abroad. Since it is common for …
By Ryan Cagle
14 days ago 5

Bayh-Dole Rocks While the Critics Play the Same False Note

A just-released study co-sponsored by the Biotechnology Innovation Organization (BIO) and AUTM provides new evidence of the significant contribution academic patent licensing makes to the U.S. …
By Joseph Allen
15 days ago 0

Long Overdue Victory for the FTC Restores Balance to Standard Essential Patents

In a June 4 op-ed to IPWatchDog, James Edwards launched a scathing attack against Judge Koh and her 233-page ruling, which found Qualcomm to have engaged in anticompetitive …
By Alexander Prenter
16 days ago 0

Rule Requiring Prescription Drug Price Disclosures in TV Ads Will Create Complex Lanham Act Enforcement Issues and First Amendment Implications

A Final Rule issued by the Centers for Medicare and Medicaid Services (CMS) on May 8 (the “Final Rule”) that requires direct-to-consumer (DTC) television advertisements for a prescription …

The Pathway to Foreign Damages for Patent Infringement

Automobiles, smartphones, laptops, medical devices, among other end products, contain scores of individual components supplied by vendors. For end products sold domestically, vendors for the components are …
By Zachary Silbersher
19 days ago 0

Mayo Response Brief in Athena v. Mayo at CAFC Argues Athena Claims Impede Treatment Decisions

The presently pending petition for en banc review in Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC has been addressed by Sherry Knowles and Meredith Addy and …
By Paul Cole
20 days ago 17