Posts Tagged: patents
Bayh-Dole 40: Celebrating the Past, Protecting the Future
It's highly appropriate that the 40th anniversary of the Bayh-Dole Act occurs in a year as politically contentious as that in which it passed. In 1980, many predicted …
Six Years After Alice: 61.8% of U.S. Patents Issued in 2019 Were ‘Software-Related’—up 21.6% from 2018
As an update to my posts from 2017 and 2019, it has now been more than six years since the U.S. Supreme Court’s 2014 Alice Corp. v. CLS …
Why eBay v. MercExchange Should, But Won’t, Be Overruled
As anyone who follows the United States Supreme Court knows, the Court has historically been extremely fond of taking important cases with cutting edge issues, only to …
Medical Innovation Depends on Bayh-Dole’s IP Protections
In this age of polarization, it’s almost impossible to imagine Congress enacting bipartisan legislation that would benefit businesses, higher education, and consumers alike. But that is …
Federal Circuit Finds District Court Abused Its Discretion in Admitting Lay Testimony
On February 5, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in HVLPO2, LLC v. Oxygen Frog, LLC in which the appellate …
Patenting Cannabis: Possibilities and Pitfalls
With cannabis now legal in some form across more than 30 states, the cannabis industry is on the rise and expected to achieve a market size of more …
DOJ Brief to CAFC Slamming Apple Highlights PTAB Code of Conduct Problem
Andrei Iancu, the Director of the United States Patent and Trademark Office (USPTO), has a real mess on his hands. This particular mess relates to the Patent …
Iancu at U.S. Chamber Event: ‘Choose Your Partners Carefully’
Last night, February 4, the U.S. Chamber of Commerce Global Innovation Policy Center (GIPC) held a reception to launch its eighth annual International IP Index, Art of …
Clearing Up Confusion on SEPs: A Line-by-Line Response to a Problematic Essay
I recently became frustrated after reading an essay in the AIPLA newsletter by an attorney with Taft Stettinius & Hollister LLP on the topic of the new USPTO-DOJ-NIST …
Severing the Link Between IP and Biomedical Innovation Isn’t the Answer to Global Health Care Challenges
The cost of medicines is on the agenda this week at the World Health Organization’s annual executive board meeting in Geneva. Nongovernmental organizations and certain middle-income …
The U.S.-Mexico Patent Prosecution Super-Highway
For the past several years, the patent offices in the United States and Mexico have operated under a type of patent examination fast-tracking and work-sharing agreement known …
U.S. Patent System Holds Steady in Second Place in 2020 International IP Rankings
The U.S. Chamber of Commerce Global Innovation Policy Center (GIPC) released its eighth annual International IP Rankings. The United States achieved the top overall ranking as …
Federal Circuit Affirms PTAB Obviousness Finding, But Warns Samsung Board’s Authority to Cancel Claims Has Limits
The Federal Circuit in a precedential decision issued earlier today affirmed the Patent Trial and Appeal Board’s finding that Claim 11 of Prisua Engineering Corp.’s U.…
The PTAB Precedential Opinion Panel’s Hulu Decision: Any Guidance is Better than No Guidance
An IPR petition must be based “only on a ground that could be raised under [35 U.S.C. §§] 102 [anticipation] or 103 [obviousness] and only on the basis of …
CAFC Rules PTAB Did Not Err in Finding Philips Patent Obvious in Light of General Knowledge of POSITA
On January 30, the Court of Appeals for the Federal Circuit (CAFC) affirmed the Patent Trial and Appeals Board’s (PTAB) decision rendering claims 1-11 of U.S. …
