Posts Archive


NYIPLA Amicus Brief in Ericsson v. Samsung Advocates the Adjudication of U.S. Patent Rights by U.S. Courts

On April 9, the New York Intellectual Property Law Association (NYIPLA) filed an amicus brief in Ericsson Inc. v. Samsung Electronics Co., Ltd., No. 2021-1565, urging a panel …

NetSoc Appeals to SCOTUS, Claiming Improper Analysis of Social Network Patent Nixed Under 101

On April 5, NetSoc LLC filed a petition for a Writ of Certiorari to the Supreme Court of the United States (SCOTUS) after losing its appeal in the …
By Matthew Schutte
3 months ago 11

Former Employee Does Not Have to Assign Inventions to Covidien, First Circuit Says

Last week, the U.S. Court of Appeals for the First Circuit affirmed a district court ruling denying a request for declaratory judgment by Covidien LP and …
By Butch Laker
3 months ago 1

The View from the Court’s 2 Live Crew: Examining the Thomas/Alito Dissent in Google v. Oracle

Most commentators agree that Google v. Oracle is the most important copyright decision of the last 25 years (since Campbell v. Acuff-Rose Music). But what if the Court …
By Darius Gambino
3 months ago 24

Drafting Lessons from a 101 Loss in the Eastern District of Texas

On March 30, Judge Sean D. Jordan of the United States Federal District Court for the Eastern District of Texas, issued a rather atypical Order, at least for …
By Gene Quinn
3 months ago 9

Satan Shoes: Trademark Blasphemy or Free Speech?

Though the parties have quickly settled their case, the question remains open: was Lil Nas X’s “Satan Shoe” an exercise of free speech or a trademark …

Tillis, Michel and Iancu Back Ericsson in Heated International FRAND Dispute with Samsung

In the latest phase of an international dispute between Samsung Electronics and Ericsson, Senator Thom Tillis (R-NC), Judge Paul Michel and former U.S. Patent and Trademark …
By Eileen McDermott
3 months ago 2

This Week in Washington IP: Innovation at the U.S. Departments of Defense and Energy, GIPC Event on Innovation Ecosystem, and Working Toward a Carbon-Free Shipping Industry

This week in Washington IP events, subcommittees in both the Senate and the House of Representatives will examine President Biden’s $10.17 billion appropriations request for the National …
By IPWatchdog
3 months ago 0

Industry Comments on Proposed Changes to Bayh-Dole Regulations Zero in on March-In Language

On January 12, the National Institute of Standards and Technology (NIST) published a request for comments on proposed changes to regulations that support the University and Small Business …
By Gene Quinn
3 months ago 0

The mRNA IP and Competitive Landscape Through One Year of the COVID-19 Pandemic – Part I

Shortly after we posted about Moderna, Inc.’s October 2020 pledge not to enforce its COVID-19-related patents during the pandemic, the United States Food & Drug Administration (FDA) …

The Upshot of Google v. Oracle: An Absurd Ruling Will Lead to Absurd Results

For every action there is an equal and opposite reaction, or so states Newton’s third law of motion. It is safe to say that Newton never …
By Gene Quinn
4 months ago 184

Other Barks & Bites for Friday, April 9: Supreme Court Issues Major Win for Google, Brazil Suspends Patent Term Extensions During COVID-19 and CAFC Finds No Standing for Apple to Appeal PTAB Decisions for Qualcomm

This week in Other Barks & Bites: the Federal Circuit finds that Apple’s patent licensing agreement with Qualcomm eliminated standing to appeal IPRs from the PTAB; the …
By IPWatchdog
4 months ago 0

GIPC Event Underscores Scale of Dangerous COVID-Related Fakes During Pandemic

The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) held a webinar on Tuesday, April 6, as part of its Innovation Ecosystem series, titled “Worth …
By Eileen McDermott
4 months ago 2

CAFC Dismisses Apple’s Bid to Overturn PTAB Holding it Failed to Prove Qualcomm Patents Obvious

The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday dismissed two appeals filed by Apple against Final Written Decisions of the Patent Trial and …
By Eileen McDermott
4 months ago 1

Patent Filings Roundup: Acacia Gets Another Fintiv Boost; More Vape IPRs Filed; Adenovirus PGR Challenge; IP Edge Files Dozens of New Complaints

District court complaints rose to 93 this week, while Patent Trial and Appeal Board (PTAB) cases fell to 28 (27 inter partes reviews [IPRs] and a post grant review [PGR]), …
By Jonathan Stroud
4 months ago 1