Posts Tagged: USPTO
Another Front in China’s Economic War: Senate IP Subcommittee Seeks to Solve USPTO’s Fraudulent Trademarks Problem
Senator Thom Tillis (R-NC) yesterday led a hearing of the Senate Committee on the Judiciary’s Subcommittee on Intellectual Property titled “Fraudulent Trademarks: How They Undermine the …
OSI Pharmaceuticals Decision Has Limited Use in Supporting Patentability of Method of Treatment Claims
Earlier this month, Mallinckrodt succeeded in its inter partes review (IPR) challenge against patent owner Biovie, Inc. (Biovie). The Patent Trial and Appeal Board’s (PTAB’s) …
Overcoming Cognitive Bias in Patent Filing and Maintenance Decisions
During this turbulent era in the history of the U.S. patent system, many enterprises have pursued new models for IP strategy and execution. Others have taken …
The USPTO Wants a Rehearing in Arthrex: Now is the Time to Put the PTAB on Trial
On November 13, the United States Patent and Trademark Office (USPTO) requested the U.S. Court of Appeals for the Federal Circuit suspend all consideration of an appeal …
No Justice for Small Company Innovators: Make Your Voice Heard on the America Invents Act, IPRs, and the CAFC’s Rule 36
My company, Chestnut Hill Sound Inc. (ChillSound), has been victimized by a U.S. patent system that for nearly a decade has been in a sorry state. …
Congress Includes an Ugly Sweater in the STRONGER Patents Act
It is not unusual for there to be unintended consequences in the law or life. A loved one gives you something you don’t really like, but …
One Inventor’s Unsolicited Congressional Testimony Following Arthrex
Since inventors are rarely allowed to participate in patent discussions in Congress, I would like to submit my testimony here. In Arthrex, the Federal Circuit in effect …
This Week in Washington IP: Fraudulent Trademarks, Facial Recognition Technology and Implementing MOBILE NOW for 5G Wireless Spectrum
This week in Washington, D.C., the Senate Subcommittee on Intellectual Property holds a hearing to look at ways to reduce the number of fraudulent trademark application …
How to Prepare and Prosecute Patents in Light of the USPTO’s Post-Alice Focus on Eligibility
Since the issuance by the United States Supreme Court of its opinion in Alice Corporation Pty Ltd. v. CLS Bank International, 573 U.S. 208, 134 S. Ct. 2347 (2014), the United …
Other Barks & Bites for Friday, November 29: China Pledges ‘Social Satisfaction’ on IP Protection and Nominates Candidate to Head WIPO
This week in Other Barks & Bites: the Federal Circuit issues precedential decisions regarding its authority to remand to the PTAB, patent prosecution history estoppel and expert testimony …
Federal Circuit Affirms District Court’s Summary Judgment of NonInfringement Under the Doctrine of Equivalents
On November 22, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the District of Nevada granting summary judgment of noninfringement under …
This Thanksgiving: What Is the IP Community Thankful For?
This year has included many twists and turns for IP stakeholders, particularly on the patent side. Most recently, the Federal Circuit’s decision in Arthrex has called …
CAFC Reverses PTAB Obviousness Finding as Unsupported by Substantial Evidence
On November 23, the Court of Appeals for the Federal Circuit (CAFC) reversed the Patent Trial and Appeal Board’s (PTAB) ruling in a pair of inter partes …
Federal Circuit Tackles Analogous Art Arguments
In Airbus S.A.S v. Firepass Corporation, Appeal 2019-1803 (November 8, 2019), Airbus appealed the Patent Trial and Appeal Board's (PTAB’s) reversal of the examiner's rejection of …
Professors Expand Upon Proposals to Senate IP Subcommittee for Improving Patent Quality
On October 30, the Senate Judiciary Committee’s Subcommittee on Intellectual Property heard from five witnesses on ways to improve patent quality at the United States Patent and …
