Posts Tagged: USPTO


The Covered Business Methods Program Must Finally Be Laid to Rest

Rather than allowing it a quiet death, the financial services industry is making a quiet effort to keep the Covered Business Methods (CBM) Program at the Patent …
By James Edwards
1 day ago 0

Autopilot or Advocate? Raising the Bar in Ex Parte Appeals at the USPTO

Despite their best efforts, patent practitioners may reach an impasse during negotiations with patent examiners at the United States Patent and Trademark Office (USPTO). If an applicant …
By Carlo Cotrone
2 days ago 9

US Inventor Amicus in New Vision Gaming: ‘October Effect,’ Subjective APJ Evaluations Support Due Process Argument Against PTAB

On August 3, inventor advocacy group US Inventor filed an amicus brief with the U.S. Court of Appeals for the Federal Circuit in support of a due …
By Steve Brachmann
5 days ago 3

Time to ‘Think PCT’: Rethink Your Global Patent Strategy to Preserve Your Seat at the Table

Greetings; John White here. It is time for you to “Think PCT” [Patent Cooperation Treaty] anew. If the last thing you remember hearing me say about the …
By John White
5 days ago 39

Patent Filings Roundup: U.S. Tractor Retailer Hit; TikTok Sued by Triller; IP Edge Entities Dominate District Court Filings

This week, district courts saw 91 new complaints, a large portion filed by IP Edge subsidiaries, such as Karetek Holdings, LLC; Guada Technologies; Tunnel IP, LLC; Altair Logix, …
By Jonathan Stroud
6 days ago 1

PTAB Decides Against Moderna in Challenge to Arbutus Vaccine Patent

On January 9, 2019, Moderna Therapeutics, Inc. (“Moderna”) filed a petition requesting inter partes review of U.S. Patent No. 8,058,069 (the ‘069 patent) owned by Arbutus Biopharma. The ‘069 patent is …
By Kim Jordahl
6 days ago 1

Strong Roots: Comparative Analysis of Patent Protection for Plants and Animals

Much has been written about the uncertainty in U.S. patent law concerning laws of nature, natural phenomena, and abstract ideas following the Supreme Court’s decisions …

A Note to SCOTUS on Arthrex, Judicial Independence, Ethics and Expanded Panels at the PTAB

In Article 1, Section 8, Clause 8, of our Constitution, the founders were relatively specific. The founders give Congress power to secure “the exclusive Right" to “Authors and Inventors” in …
By Paul Hayes & Gene Quinn
7 days ago 14

A Look Inside Patent Processes at the USPTO: Effects of the Pandemic and Upcoming Changes

On Thursday, July 30, U.S. Patent and Trademark Office (USPTO) Commissioner for Patents Drew Hirshfeld and other USPTO staff updated attendees of IPWatchdog and LexisNexis’ webinar, “A …
By Eileen McDermott
9 days ago 2

A Guide to Arthrex: Activity Heats Up in Petitions Pending with Supreme Court

The Supreme Court is currently considering several pleas to review the holding in Arthrex v. Smith & Nephew I and Arthrex v. Smith & Nephew II in the form …
By IPWatchdog
9 days ago 0

Judge Dyk Departs from Majority’s Obviousness Analysis on Gaming Service Patent Claim

The Federal Circuit on Wednesday affirmed a decision of the Patent Trial and Appeal Board (PTAB) that found FanDuel had failed to prove that claim 6 of Interactive …
By Eileen McDermott
12 days ago 3

Patent Filings Round-up: Small Companies Challenge Landmark Lawsuits; Raft of Uniloc/Samsung settlements; Koss Goes After Headphone Market

There was a spike in Patent Trial and Appeal Board (PTAB) filings this week—almost double the average, at 56—driven in part by eight new petitions (adding …
By Jonathan Stroud
13 days ago 1

Federal Circuit Reverses TTAB Ruling on Standing for Petition to Cancel Condom Trademark

The U.S. Court of Appeals for the Federal Circuit ruled yesterday that Australian Therapeutic Supplies Pty. Ltd. has “a real interest” in cancelling the registration for …
By Eileen McDermott
14 days ago 0

USPTO Report Cites Incremental Growth in the Number of Women Inventor-Patentees

This month, the United States Patent and Trademark Office (USPTO) released a report titled “Progress and Potential: 2020 update on U.S. women inventor- patentees” (the Report). The …
By Rebecca Tapscott
15 days ago 0

Perryman PTAB Study for Unified Patents Leaves Out Half of the Story

In late June, Unified Patents published the findings of an economic report conducted by consulting firm The Perryman Group on the supposed impacts of validity trials conducted …
By Steve Brachmann
15 days ago 15