Posts Tagged: patent


Practice Tips Following USPTO Guidance on Applicant Admitted Prior Art

On August 18, 2020, the USPTO issued a guidance memorandum on the treatment of applicant statements in the challenged patent in inter partes review (IPR) proceedings under Section 311, which …
By Benedict Hanrahan
9 hours ago 2

China’s NMPA and CNIPA Propose Draft Measures on Patent Linkage for Public Comment: Implications for the Future of Innovative and Generic Drugs

The National Medical Products Administration (NMPA), in conjunction with the China National Intellectual Property Administration (CNIPA), recently solicited public comments on the draft of “Measures For the …
By Susie Cheng, Ph.D
14 hours ago 0

The Price of Paice and Complexity: Rules, Standards and Facts for Post-Judgment Royalty Consideration

The Supreme Court and Federal Circuit permit prevailing patentees to obtain a higher royalty rate for an infringer’s post-judgment infringing sales. But whatever the reason, district …

Federal Circuit Rejects St. Jude’s Challenge to Validity of Snyders’ Heart Valve Patent

On October 15, the United States Court of Appeals for the Federal Circuit (CAFC), in St. Jude Medical, LLC v. Snyders Heart Valve LLC, affirmed an inter partes …
By Rebecca Tapscott
1 day ago 0

Late-Filed Petitions Dismissed as Untimely by USPTO: No Apparent Rhyme nor Reason (Part III)

While researching the newly codified Manual of Patent Examination Procedure (MPEP) Section 706.07(b), we noticed some petitions filed more than two months after the final Office action …

CAFC Affirms District Court Dismissal of Declaratory Judgment Under Doctrine of ‘Abstention’

On October 14, the United States Court of Appeals for the Federal Circuit (CAFC), in Warsaw Orthopedic, Inc. v. Sasso, affirmed a decision of a district court dismissing …
By IPWatchdog
3 days ago 0

3D Printing: Adoptability, Assurance, IP and Consumer Concerns

Conceiving of an idea and then turning that idea into an actual end-product were two distinct processes prior to the era of 3D printing. But thanks to …

Federal Circuit Affirms PTAB Finding that Immunex Antibody Patent is Obvious

The United States Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed an invalidity decision of the U.S. Patent and Trademark Office’s Patent …
By Rebecca Tapscott
5 days ago 0

PTAB Precedential Decision Nomination Form Could Lead to More Controversial Decision-Making Outside of Informal Rulemaking

In late September, Bloomberg News reported that Scott Boalick, Chief Administrative Patent Judge (APJ) at the Patent Trial and Appeal Board (PTAB), announced the introduction of a …
By Steve Brachmann
5 days ago 3

‘Myspace Laws in a Tik Tok World’ – Tillis asks Amy Coney Barrett about Patent Eligibility and Copyright Law

This afternoon on Capitol Hill, Senator Thom Tillis (R-NC), a member of the Senate Judiciary Committee and Chair of the Senate Intellectual Property Intellectual Property Subcommittee, had …
By Gene Quinn
6 days ago 15

Patent Filings Roundup: Banks Targeted after CBM Expiry; Counterfeit Collections Suits on the Rise; Patent Food Fight

Patent Trial and Appeal Board (PTAB) filings were down substantially this week, with just 16 filed, possibly given the rush to file before the fee increase probably cleared …
By Jonathan Stroud
6 days ago 0

Patent Stakeholders Weigh in on High Court Decision to Hear Arthrex

The United States Supreme Court has granted certiorari in three cases involving Arthrex, Inc. focusing on the question of whether the administrative patent judges (APJs) of the …
By Eileen McDermott
7 days ago 11

Federal Circuit Vacates District Court’s Summary Judgment Ruling, Slamming ‘Misdirected Lawyering’

On October 7, the United States Court of Appeals for the Federal Circuit (CAFC), in AntennaSys, Inc. v. AQYR Technologies, Inc., vacated and remanded a decision of the …
By Rebecca Tapscott
8 days ago 1

Technical Submissions as Helpful Indicator of Standard Essential Patent Portfolio Value

While 5G technology is quite well known by many in popular culture, thanks to nearly ubiquitous television commercials, it is not the only new wireless technology that …
By Gene Quinn
8 days ago 2

Getting A Patent: Who Should be Named as An Inventor?

Every time a patent application is filed, we have to ask, “Who are the inventors?” It is a simple question, but the answer can be complicated. And …
By William Honaker
9 days ago 6