Posts Tagged: patent


‘AISITAs’ and Written Description Requirements: Considerations and Guidance for AI Patent Applications

Artificial intelligence (AI) is everywhere, touching nearly every aspect of our daily lives, including how we work, communicate, shop, travel and more. The term “AI” is generally …

Thoughts on Tiffany Cunningham’s Confirmation to the CAFC

Tiffany Cunningham was confirmed to the U.S. Court of Appeals for the Federal Circuit earlier this week, making her—incredibly—the intellectual property court’s first …
By Eileen McDermott
1 day ago 1

CAFC Reverses PTAB Obviousness Finding, Clarifying Concepts of ‘Teaching Away’ and ‘Commercial Success’

The United States Court of Appeals for the Federal Circuit (CAFC) yesterday concluded that the Patent Trial and Appeal Board’s (PTAB’s) decision finding certain claims …
By La'Cee Conley
3 days ago 7

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’…
By M. David Hoyle
3 days ago 22

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 (…
By Jonathan Stroud
3 days ago 0

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 …

ITC and Trade Secret Cases Against Apple Over Pulse Oximetry Tech Highlight Need for Better Ways to Rein in Big Tech

In late June, medical technology firm Masimo Corporation and its consumer device subsidiary Cercacor Laboratories filed a complaint with the U.S. International Trade Commission (ITC) asking …
By Steve Brachmann
4 days ago 5

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 …
By Tim Pohlmann
4 days ago 0

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 …

Emerging Anti-IP Policies the Focus of Heritage Foundation Event

At today’s Heritage Foundation event in Washington, D.C., titled Restoring American Leadership in Patent Law and Innovation Policy, former U.S. Patent and Trademark Office …
By Gene Quinn
5 days ago 10

EPO’s Enlarged Board of Appeal Backs Videoconference Hearings

Oral proceedings before the EPO Boards of Appeal can be held by videoconference, even without the consent of the parties, during a general emergency, according to a …
By IPWatchdog
6 days ago 0

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 …
By Curtis Dodd & Chris Dubuc
6 days ago 1

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 …
By Kate Gaudry
7 days ago 7

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 …
By Matteo Sabattini
10 days ago 1

Hirshfeld Says He May Move Forward on Important Items If Biden Appointee Takes Too Long

IPWatchdog and LexisNexis held a “Conversation with the Commissioner of the USPTO” today, in which Drew Hirshfeld, the U.S. Patent and Trademark Office (USPTO) Commissioner for …
By Eileen McDermott
10 days ago 3