#patent law
#patent law

Intellectual property law

Micro-Entity Traps for Inventors Who Also Own Their Employer

Intellectual property law

Remains Disabled: How a Firmware Rewrite Defeated Bissell's ITC Exclusion Order

4 days ago

Science

Time Machines, Cold Fusion, and a Glucose Problem: A 2026 Report on 101 Utility

fromIPWatchdog.com | Patents & Intellectual Property Law

CAFC Affirms PTAB Ruling That DraftKings Failed to Prove Unpatentability of Gaming Patent Claim

The CAFC upheld the PTAB's decision that DK Crown Holdings failed to prove claim 18 of U.S. Patent No. 9,978,205 unpatentable.

fromIPWatchdog.com | Patents & Intellectual Property Law

Google's Challenge to PTAB Limits Puts Reliance and Balance on the Line

Google argues that patents should remain open to inter partes review challenges regardless of age or reliance, raising questions about settled expectations.

fromIPWatchdog.com | Patents & Intellectual Property Law

Federal Circuit Affirms Dismissal of Pro Se Inventors' Suit Challenging USPTO Micro-Entity Denial

Inventors lacked adequately pleaded Article III standing because their own USPTO submissions undermined ownership claims over the disputed patent application.

Micro-Entity Traps for Inventors Who Also Own Their Employer

Micro-entity fee discounts under 35 U.S.C. § 123 require strict eligibility, and incorrect certifications can lead to payment deficiencies and loss of standing to sue.

Remains Disabled: How a Firmware Rewrite Defeated Bissell's ITC Exclusion Order

Limited exclusion orders bar only specific infringing products, prompting redesigns that can avoid literal infringement via firmware timing changes.

4 days ago

Science

Time Machines, Cold Fusion, and a Glucose Problem: A 2026 Report on 101 Utility

fromIPWatchdog.com | Patents & Intellectual Property Law

CAFC Affirms PTAB Ruling That DraftKings Failed to Prove Unpatentability of Gaming Patent Claim

The CAFC upheld the PTAB's decision that DK Crown Holdings failed to prove claim 18 of U.S. Patent No. 9,978,205 unpatentable.

fromIPWatchdog.com | Patents & Intellectual Property Law

Google's Challenge to PTAB Limits Puts Reliance and Balance on the Line

Google argues that patents should remain open to inter partes review challenges regardless of age or reliance, raising questions about settled expectations.

more#patent-law

Jurisdiction-If-We-Win: T-Mobile v. KAIFI and the Gunn Boundary Line

The Federal Circuit's jurisdiction in T-Mobile v. KAIFI hinges on contract interpretation and prior court errors.

fromIPWatchdog.com | Patents & Intellectual Property Law

2 years ago

CAFC Partially Reverses Noninfringement Judgment But Scraps IBM Web Advertising Claims as Ineligible

Chewy's privacy policy indicates it delivers ads based on individual user interaction history, according to the CAFC ruling.

#uspto

fromIPWatchdog.com | Patents & Intellectual Property Law

fromIPWatchdog.com | Patents & Intellectual Property Law

Intellectual property law

What the USPTO's Reexamination Remand for HID Means for Estoppel, Timing and Strategy

fromIPWatchdog.com | Patents & Intellectual Property Law

Intellectual property law

The Latest Attempt to Expose SAWS Highlights Structural Flaws at the USPTO

5 years ago

Intellectual property law

Newly Created First Action Final Rejection Policy Adds Needless Complications to Patent Prosecution

fromIPWatchdog.com | Patents & Intellectual Property Law

4 years ago

Intellectual property law

New USPTO Director Quickly Focuses on Much Needed Protection of Virtual Designs

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.

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.

fromIPWatchdog.com | Patents & Intellectual Property Law

What the USPTO's Reexamination Remand for HID Means for Estoppel, Timing and Strategy

The USPTO clarified that estoppel attaches at the IPR final decision, preventing reexamination requests during IPR pendency.

fromIPWatchdog.com | Patents & Intellectual Property Law

The Latest Attempt to Expose SAWS Highlights Structural Flaws at the USPTO

The USPTO's secret examination docket violates federal law and lacks transparency, particularly highlighted by the SAWS program's suppression of patent applications.

fromIPWatchdog.com | Patents & Intellectual Property Law

5 years ago

Newly Created First Action Final Rejection Policy Adds Needless Complications to Patent Prosecution

The USPTO's new policy allows first action final rejections on amended claims, limiting patent applicants' options significantly.

fromIPWatchdog.com | Patents & Intellectual Property Law

4 years ago

New USPTO Director Quickly Focuses on Much Needed Protection of Virtual Designs

The USPTO is revising guidelines to protect design innovation in emerging technologies like PHVAR designs.

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.

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

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

fromIPWatchdog.com | Patents & Intellectual Property Law

Federal Circuit Vacates PTAB Obviousness Determination and Holds Real Party in Interest Challenge Unreviewable

The Federal Circuit vacated the PTAB's decision on Federal Express's patent, emphasizing jurisdictional limits on IPR reviews.

Intellectual property law

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

Intellectual property law

Marked for Trouble: Settlement Licenses and the 287 Trap for NPEs

Intellectual property law

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

Intellectual property law

Moving Target: When Amended Claims Outrun Your Standing Declaration

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.

fromIPWatchdog.com | Patents & Intellectual Property Law

Federal Circuit Vacates PTAB Obviousness Determination and Holds Real Party in Interest Challenge Unreviewable

The Federal Circuit vacated the PTAB's decision on Federal Express's patent, emphasizing jurisdictional limits on IPR reviews.

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.

Marked for Trouble: Settlement Licenses and the 287 Trap for NPEs

The Federal Circuit questioned appellant's counsel on patent-marking and sanctions in VDPP, LLC v. Volkswagen Group of America.

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.

Moving Target: When Amended Claims Outrun Your Standing Declaration

Federal Circuit's standing requirements create challenges for patent challengers seeking appellate review after PTAB proceedings.

more#federal-circuit

#intellectual-property

fromIPWatchdog.com | Patents & Intellectual Property Law

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.

fromIPWatchdog.com | Patents & Intellectual Property Law

IPWatchdog LIVE 2026: Judge Newman and Michel Present Awards, Panelists Outline Uphill Battle for Global IP and Drug Patents

The global IP landscape requires improvements for greater certainty and predictability, as emphasized by Judge Pauline Newman.

fromIPWatchdog.com | Patents & Intellectual Property Law

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.

fromIPWatchdog.com | Patents & Intellectual Property Law

more#intellectual-property

IPWatchdog LIVE 2026: Judge Newman and Michel Present Awards, Panelists Outline Uphill Battle for Global IP and Drug Patents

The global IP landscape requires improvements for greater certainty and predictability, as emphasized by Judge Pauline Newman.

International Sanctions and the FRAND Framework

The English Patents Court determined a $392 million FRAND rate for Samsung and ZTE's license renewal amid US export-control sanctions.

#supreme-court

fromIPWatchdog.com | Patents & Intellectual Property Law

Hot Takes: What the Oral Arguments in Hikma/ Amarin Revealed

The Supreme Court's hearing on Hikma v. Amarin raises concerns about the implications for generic pharmaceuticals and the inducement standard in patent law.

fromIPWatchdog.com | Patents & Intellectual Property Law

Intellectual property law

The Thin Margin Between "Generic Vascepa" and Active Inducement

Intellectual property law

Justices Voice Concern that Upholding CAFC's Hikma 'Skinny Label' Ruling Will Harm Generics Industry

fromIPWatchdog.com | Patents & Intellectual Property Law

Intellectual property law

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

Intellectual property law

Strike Two for CPC at High Court in Rule 36 Challenge

fromIPWatchdog.com | Patents & Intellectual Property Law

Hot Takes: What the Oral Arguments in Hikma/ Amarin Revealed

The Supreme Court's hearing on Hikma v. Amarin raises concerns about the implications for generic pharmaceuticals and the inducement standard in patent law.

The Thin Margin Between "Generic Vascepa" and Active Inducement

The Supreme Court's hearing on Hikma v. Amarin focuses on patent inducement without needing a new legal doctrine.

fromIPWatchdog.com | Patents & Intellectual Property Law

Justices Voice Concern that Upholding CAFC's Hikma 'Skinny Label' Ruling Will Harm Generics Industry

The Supreme Court case examines induced infringement claims related to generic drug marketing and its implications for the pharmaceutical industry.

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.

fromIPWatchdog.com | Patents & Intellectual Property Law

fromIPWatchdog.com | Patents & Intellectual Property Law

Strike Two for CPC at High Court in Rule 36 Challenge

The U.S. Supreme Court denied a petition challenging the Federal Circuit's use of Rule 36 summary affirmances in patent appeals.

more#supreme-court

fromIPWatchdog.com | Patents & Intellectual Property Law

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

Doctor's Orders: The Search for a Workable Pleading Standard in Hikma v. Amarin

Generic companies face legal challenges when marketing carved-out products due to potential inducement of patent infringement.

The Director's Non-Statutory Statute of Limitations

Google's petition raises concerns about PTO's authority to deny IPR based on a patent's age and the limits of judicial review.

fromIPWatchdog.com | Patents & Intellectual Property Law

9 years ago

Patent Drafting 101: The Basics of Describing Your Invention in a Patent Application

Drafting a patent application requires understanding and experience, which can be gained through reading and learning about existing patents.

fromIPWatchdog.com | Patents & Intellectual Property Law

CAFC Affirms Ineligibility Holding for AR Patent Claims

The CAFC upheld the invalidation of AR patent claims as abstract ideas under 35 U.S.C. § 101, lacking an inventive concept.

fromIPWatchdog.com | Patents & Intellectual Property Law

Gamevice Considers SCOTUS Cert Petition Over Alleged Procedural Improprieties in Nintendo Switch Patent Case

Gamevice contests Nintendo's motion to vacate a judgment invalidating its patent claims related to handheld computing accessories.

Recalibration: Seven Months of PTAB 101 Data

PTAB's reversal rate for § 101 rejections has doubled under Director Squires, primarily due to changes in judges' voting behavior rather than turnover.

fromIPWatchdog.com | Patents & Intellectual Property Law

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

The Supreme Court Picks the Wrong Patent Fight in Hikma v. Amarin

The Supreme Court's decision in Hikma v. Amarin reflects a focus on drug pricing over patent law uncertainties affecting pharmaceutical innovation.

fromIPWatchdog.com | Patents & Intellectual Property Law

11 years ago

Why Alice v. CLS Bank is a Victory for Software Patents

The patentability of software remains a complex issue influenced by historical cases and recent Supreme Court decisions.

#trade-secrets

fromIPWatchdog.com | Patents & Intellectual Property Law

Federal Circuit Reverses Trade Secret and Patent Invalidity Rulings in Penile Implant Dispute

The Federal Circuit reversed a lower court's ruling on trade secret misappropriation and patent invalidity claims in a case involving cosmetic penile implants.

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.

fromIPWatchdog.com | Patents & Intellectual Property Law

Federal Circuit Reverses Trade Secret and Patent Invalidity Rulings in Penile Implant Dispute

The Federal Circuit reversed a lower court's ruling on trade secret misappropriation and patent invalidity claims in a case involving cosmetic penile implants.

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

fromIPWatchdog.com | Patents & Intellectual Property Law

4 weeks ago

Consumer, Patient Groups Push for Fast Markup of ETHIC Act

The ETHIC Act aims to limit patent assertions to enhance competition and address patent thickets in the pharmaceutical industry.

fromIPWatchdog.com | Patents & Intellectual Property Law

#obviousness-type-double-patenting

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.

fromIPWatchdog.com | Patents & Intellectual Property Law

Professors Push Back in Review of PTAB Rehearing Decision on ODP

The CAFC supports ODP rejections when the reference patent has a later priority and filing date than the application under examination.

fromIPWatchdog.com | Patents & Intellectual Property Law

Amicus, Sanofi Urge USPTO Appeals Panel to Uphold Ex Parte Baurin's Approach to ODP Analysis

Judges have consistently ruled on obviousness-type double patenting, emphasizing the need for clarity in term extension evaluations.

fromIPWatchdog.com | Patents & Intellectual Property Law

Professors Push Back in Review of PTAB Rehearing Decision on ODP

The CAFC supports ODP rejections when the reference patent has a later priority and filing date than the application under examination.

fromIPWatchdog.com | Patents & Intellectual Property Law

more#obviousness-type-double-patenting

Amicus, Sanofi Urge USPTO Appeals Panel to Uphold Ex Parte Baurin's Approach to ODP Analysis

Judges have consistently ruled on obviousness-type double patenting, emphasizing the need for clarity in term extension evaluations.

fromwww.businessinsider.com

A startup building the Harvey for patent law has raised $40 million

Patlytics automates the patent lifecycle, raising $40 million to focus on specialized legal tech for complex patent law needs.

fromIPWatchdog.com | Patents & Intellectual Property Law

Patent Monetization: Markets, Misaligned Incentives, and the AI Inflection Point | IPWatchdog Unleashed

The incentive structure for innovation has eroded, disadvantaging individual inventors and leading to a decline in long-term innovation output.

fromKotaku

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.

fromIPWatchdog.com | Patents & Intellectual Property Law

Tesla Partially Succeeds at CAFC with Ruling Finding Some EV Charging Claims Obvious

The CAFC affirmed, reversed, and vacated parts of the PTAB's decision regarding Tesla's challenge to Charge Fusion's patent on electric vehicle charging.

fromIPWatchdog.com | Patents & Intellectual Property Law

IP Litigation Strategy: The Art of Winning Before Trial

Successful IP litigation relies heavily on pre-suit diligence and strategy to ensure cases can survive early litigation stages.

fromwww.npr.org

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

fromIPWatchdog.com | Patents & Intellectual Property Law

PTAB Upholds Priority Win for Broad Institute in CRISPR Patent Case

The PTAB reaffirmed Broad as the first inventors of CRISPR-Cas9 gene editing in eukaryotic cells after a remand from the CAFC.

fromIPWatchdog.com | Patents & Intellectual Property Law

CAFC Affirms District Court's Denial of Mandatory Stay for ITC Respondent Who Voluntarily Dismissed Complaint

Ascendis Pharma's motion for a mandatory stay was denied due to its voluntary dismissal of the original complaint.

fromIPWatchdog.com | Patents & Intellectual Property Law

The Supreme Court Must Revisit Prosecution Laches-And the Industry Should Speak Up

Inventor Gil Hyatt's Supreme Court petition challenges whether prosecution laches doctrine exists in patent law, arguing it conflicts with the Patent Act of 1952 and Supreme Court precedent establishing laches cannot apply when statutory timeframes exist.