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 …
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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
