Posts Tagged: patents


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
3 months ago 8

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
3 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
3 months ago 20

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
3 months ago 9

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
3 months ago 6

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
3 months ago 1

How J.E.M. and Chakrabarty Make the Case for DABUS

Twenty years ago, the U.S. Supreme Court ruled for the first time that plants could be protected with utility patents. J.E.M. Ag Supply, Inc., …
By Kirk Hartung
3 months ago 8

Billionaire Space Race Between Bezos and Branson (and Musk) Pushes Forward Next Generation of Spaceflight Innovation

This July has been a landmark month for the commercial space sector thanks in large part to the determination of two tech billionaires: Richard Branson, business magnate …
By Steve Brachmann
3 months ago 0

Teaching Away, Commercial Success, and Blocking Patent Doctrines All Under the CAFC Spotlight

In The Chemours Company FC, LLC v. Daikin Industries, Ltd., Nos. 2020-1289, 2020-1290 (Fed. Cir. July 22, 2021) (“Chemours v. Daikin”), the Federal Circuit clarified three doctrines involved in …

A Closer, Evidence-Based Look at ‘Patent Quality’ Advocacy

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as …
By James Edwards
3 months ago 17

Senate Judiciary Committee Advances Legislation to Reduce Drug Prices, Rein in Pharma Industry Practices

Earlier today, the Senate Judiciary Committee held an Executive Business Meeting in which the Committee discussed and favorably reported four bills aimed at reducing prescription drug prices …
By Eileen McDermott
3 months ago 2

Patent Filings Roundup: Mystery NPEs File New Suits on Old IV Assets; PTAB Discretionarily Denies 14; Causam Enterprises Launches Major Campaign

In a relatively subdued week, the Patent Trial and Appeal Board (PTAB or Board) saw 35 challenges and the district courts 53 new patent filings. Those challenges included a …
By Jonathan Stroud
3 months ago 0

Federal Circuit: PTAB Failed to Provide Adequate Notice of Sua Sponte Claim Construction

In a precedential opinion authored by chief Judge Moore, the U.S. Court of Appeals for the Federal Circuit today vacated and remanded six Patent Trial and …
By Eileen McDermott
3 months ago 2

USPTO Implementation of Arthrex: Questions from Administrative Law, Part II—the Bigger Picture for Reform

In Part I, we looked at two of the legal principles that govern Arthrex Director review: Director review must be implemented by notice-and-comment “regulation,” not website, and …
By M. David Hoyle
3 months ago 10