Posts in Patents


Bankrupting Big Pharma Isn’t a Solution

Believe it or not, a recent op-ed in the Washington Post written by Robin Feldman took the position that pharmaceutical companies should charge prices for their drugs …
By Gene Quinn
2 months ago 0

Patent Owner Sues Former USPTO Officials for ‘Improperly Stacking the Deck’ Against Him

A patent owner has filed a lawsuit in the United States District Court for the Western District of Tennessee against former U.S. Patent and Trademark Office (…
By Eileen McDermott
2 months ago 8

MicroSurgical Decision Reiterates PTAB’s ‘Wide Net’ Approach to Transition Applications Under the AIA

March 16, 2013 marked a watershed date in the practice of patent law as the effective date of the Leahy-Smith America Invents Act (AIA). Per Section 3 of the AIA, …
By Katie Merriman
2 months ago 1

Government Must Reform the ITC to Keep Pace with Innovation and Curb Trolls

In 2001, six years before the iPhone appeared, a futurist named Ray Kurzweil wrote that humankind would cram 20,000 years of technological progress into the century that had just …
By Bruce Gjovig
2 months ago 13

What is a ‘Patent Waiver’ Anyway? Zooming Out on the TRIPS COVID IP Waiver Debate

Scientists, engineers, and everyday people have developed solutions for testing, preventing, and treating the COVID-19 disease. Ordinarily, we wouldn’t think twice about granting patents on these …

Humanizing Technology: Back to Basics on DABUS and AI as Inventors

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’…
By Tomi Herold
2 months ago 20

Bobcar SCOTUS Petition Seeks Redress for Constitutional Violations Posed by Federal Circuit’s Abuse of Rule 36

On August 2, New York City-based marketing company Bobcar Media filed a petition for writ of certiorari with the U.S. Supreme Court asking the Court to consider …
By Steve Brachmann
2 months ago 4

CAFC Again Says Teva Induced Infringement on Carvedilol, Assures Holding Narrowly Applies

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday underscored its October 2020 ruling that generic company, Teva Pharmaceuticals, was liable for induced infringement …
By Eileen McDermott
2 months ago 0

PPAC Announcements: Hirshfeld Doubles Down on Director Review Authority; Commerce Department to File for Registration of USPTO Trademarks; Committee Requests Release of $64 Million in User Fees

During the Patent Public Advisory Committee (PPAC) quarterly meeting held today, participants provided an update on the Director Review process under the Supreme Court’s Arthrex v. …
By Eileen McDermott
2 months ago 9

CAFC Dismisses LG’s Interlocutory Appeal as Untimely

On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Judge Hughes writing for the court, dismissed defendant-appellant LG Electronics Inc. and LG …
By Butch Laker
2 months ago 0

We Have to Believe: Keeping an Open Mind on AI is Vital to the Future of Our Patent System

In response to articles on implementing AI into our patent system, and specifically to the suggestion that we should consider developing AI to replace some aspects of …
By Gau Bodepudi & Eesha Kumar
2 months ago 6

Don’t Go Down the Rabbit Hole with the Foes of Bayh-Dole

Sensing an opening after the Biden Administration’s recent Executive Order put a hold on a pending regulation prohibiting the misuse of the march-in rights provision of …
By Joseph Allen
2 months ago 1

CAFC Affirms Improper Venue Ruling in Victoria’s Secrets’ Favor

On August 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Eastern District of Texas’ partial grant of Victoria’s Secret Stores LLC, …
By Matthew Schutte
2 months ago 0

CAFC Holds Bylaws Failed to ‘Effectuate Present Automatic Assignment’, Thwarting Apple’s Attempt to Dismiss Infringement Suit

On August 2, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s denial …
By Nancy Braman
2 months ago 1

DABUS Scores Again with Win on AI Inventorship Question in Australia Court

The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the …
By Eileen McDermott
2 months ago 24