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fromPatently-O
6 days ago
Intellectual property law

Borrowing from the Board: District Court Obviousness in the Post-IPR Era

Intellectual property law
fromPatently-O
6 days ago

Borrowing from the Board: District Court Obviousness in the Post-IPR Era

PTAB obviousness decisions should be treated as persuasive authority in bench trials, while jury trials make direct use harder because factfinding belongs to juries.
more#patent-law
#trade-secrets
fromIPWatchdog.com | Patents & Intellectual Property Law
5 days ago
Intellectual property law

Other Barks & Bites for Friday, May 22: CAFC Vacates Improper Rejection of Unjust Enrichment in Trade Secret Case; EU Call for Evidence Targets Generative AI's Impact on Copyright; and Director Squires Argues CAFC's Lack of Jurisdiction to Hear InComm Appeal

Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
5 days ago

Other Barks & Bites for Friday, May 22: CAFC Vacates Improper Rejection of Unjust Enrichment in Trade Secret Case; EU Call for Evidence Targets Generative AI's Impact on Copyright; and Director Squires Argues CAFC's Lack of Jurisdiction to Hear InComm Appeal

Federal Circuit vacated a district court ruling that unjust enrichment damages were unavailable under MUTSA, restoring a jury’s $22.4 million trade secret award.
Intellectual property law
fromPatently-O
1 month ago

Same Problem, Same Solution: Reading Trade Secrets Across Fields

The Federal Circuit reversed a jury verdict against Texas urologists for misappropriating trade secrets related to the Penuma penile implant.
more#trade-secrets
#uspto
Intellectual property law
fromPatently-O
2 months ago

The 14-Month Fiction: Only 10% of First Actions Arrive on Time

USPTO frequently fails to meet the 14-month deadline for issuing a First Office Action or Notice of Allowance, impacting patent term adjustments.
Intellectual property law
fromPatently-O
2 months ago

Bipartisan Skepticism Greets Director Squires at First House Oversight Hearing

The House Judiciary Subcommittee hearing addressed various USPTO issues under Director John Squires, revealing bipartisan skepticism and concerns over patent quality and IPR changes.
Intellectual property law
fromPatently-O
2 months ago

The 14-Month Fiction: Only 10% of First Actions Arrive on Time

USPTO frequently fails to meet the 14-month deadline for issuing a First Office Action or Notice of Allowance, impacting patent term adjustments.
Intellectual property law
fromPatently-O
2 months ago

Bipartisan Skepticism Greets Director Squires at First House Oversight Hearing

The House Judiciary Subcommittee hearing addressed various USPTO issues under Director John Squires, revealing bipartisan skepticism and concerns over patent quality and IPR changes.
more#uspto
#federal-circuit
fromPatently-O
4 weeks ago
Intellectual property law

Range of Motion En Banc Petition: The Plainly Dissimilar Test and the Functionality Question

fromPatently-O
1 month ago
Intellectual property law

The Symmetry Problem: Printed Matter, Nexus, and the Federal Circuit's One-Way Ratchet

Intellectual property law
fromPatently-O
3 weeks ago

Six on the Bench: The Federal Circuit's Pending En Banc Patent Petitions

Six petitions for rehearing are pending before the Federal Circuit, highlighting a rare opportunity for doctrinal correction in patent law.
Intellectual property law
fromPatently-O
4 weeks ago

Range of Motion En Banc Petition: The Plainly Dissimilar Test and the Functionality Question

The Federal Circuit's 'plainly dissimilar' rule is challenged for potentially undermining jury roles in design patent cases.
Intellectual property law
fromPatently-O
1 month ago

The Symmetry Problem: Printed Matter, Nexus, and the Federal Circuit's One-Way Ratchet

The Federal Circuit's tightening of the nexus requirement has significantly impacted the use of secondary considerations in patent nonobviousness analysis.
more#federal-circuit
#intellectual-property
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
3 weeks ago

Other Barks & Bites for Friday, May 1: EU Lands on USTR's Special 301 Watch List; Battery Recycling Patent Families Increase Seven-Fold in Past Decade; and Google Cert Petition Challenges Settled Expectations Doctrine

The U.S. Trade Representative's Special 301 Report highlights IP issues in the EU and identifies Vietnam as a Priority Foreign Country for IP protection.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
3 weeks ago

Other Barks & Bites for Friday, May 1: EU Lands on USTR's Special 301 Watch List; Battery Recycling Patent Families Increase Seven-Fold in Past Decade; and Google Cert Petition Challenges Settled Expectations Doctrine

The U.S. Trade Representative's Special 301 Report highlights IP issues in the EU and identifies Vietnam as a Priority Foreign Country for IP protection.
more#intellectual-property
#supreme-court
Intellectual property law
fromPatently-O
1 month ago

The Cox Shadow Over Hikma: Four Questions for Wednesday's Argument

The Supreme Court will hear Hikma Pharmaceuticals v. Amarin Pharma, focusing on patent inducement and its parallels with copyright infringement cases.
more#supreme-court
fromIPWatchdog.com | Patents & Intellectual Property Law
4 weeks ago

As Judge Albright Prepares to Leave the Bench, A Look Back on His Patent-Friendly Tenure

Judge Albright's courtroom had gained a reputation as a rocket docket for patent cases thanks to the development of local rules focused on patent cases and a lawyer-friendly approach built upon Judge Albright's own deep experience with patent law.
Intellectual property law
fromPatently-O
1 month ago

Still Climbing: PTA Hits 318 Days, Back to 2015 Levels

The six-week trailing average for newly issued utility patents now sits at 318 days as of mid-April 2026, back near the levels that prevailed in 2015.
Intellectual property law
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month ago

Other Barks & Bites for Friday, April 10: DISH Wins Copyright Appeal Over Arabic TV Retransmissions; Fifth Circuit Awards Google Transfer on Mandamus; and Third Circuit Says Online Publication of Copyrighted Building Codes is Transformative

The article covers significant legal developments in copyright and patent issues, including court rulings and corporate partnerships in the AI sector.
#obviousness-type-double-patenting
more#obviousness-type-double-patenting
Intellectual property law
fromKotaku
1 month ago

Nintendo Loses Yet Another Battle In Its Pokemon Patent Trolling

Nintendo's patent on character summoning has been rejected by a U.S. patent examiner, marking a significant setback for the company.
fromwww.npr.org
1 month ago

Why a 98-year-old federal judge is asking the Supreme Court for her job back

"The idea that she's not capable of doing her judicial duties is nonsense," said her attorney John Vecchione, senior litigation counsel at the nonprofit New Civil Liberties Alliance.
Law
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