Intellectual property law

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intellectual_property_law
#uspto

As Trump Administration Takes Shape, a Big Tech Pick for USPTO Seems Far-Fetched

The next USPTO Director must prioritize comprehensive reform for stakeholders beyond just big tech as outlined by President-elect Trump.

The NHK-Fintiv Saga Continues: USPTO and Amicus Defend Discretionary Denials

The Federal Circuit will decide if the USPTO's NHK-Fintiv framework for IPR denials necessitates notice-and-comment rulemaking under the APA.

Director Review Petitions Charge PTAB Analysis of Plant Utility Claims Threatens Competition for U.S. Farmers

The petitions claim PTAB's heightened patentability standard for plant utility claims undermines competition in seed markets.

USPTO Director Vidal Announces December Departure

Kathi Vidal's departure from the USPTO marks a significant transition, especially regarding diversity initiatives and ongoing patent system reforms.

USPTO Director Kathi Vidal Announces She Will Resign in Early December

Kathi Vidal's leadership at USPTO focused on promoting intellectual property rights and supporting employee-first initiatives.

USPTO's Final Rule on FY 2025 Patent Fees Drops Divisive Proposals for Across-the-Board Hikes

The USPTO announced a 7.5% fee increase while dropping highly controversial fee proposals from the April 2024 NPRM.

As Trump Administration Takes Shape, a Big Tech Pick for USPTO Seems Far-Fetched

The next USPTO Director must prioritize comprehensive reform for stakeholders beyond just big tech as outlined by President-elect Trump.

The NHK-Fintiv Saga Continues: USPTO and Amicus Defend Discretionary Denials

The Federal Circuit will decide if the USPTO's NHK-Fintiv framework for IPR denials necessitates notice-and-comment rulemaking under the APA.

Director Review Petitions Charge PTAB Analysis of Plant Utility Claims Threatens Competition for U.S. Farmers

The petitions claim PTAB's heightened patentability standard for plant utility claims undermines competition in seed markets.

USPTO Director Vidal Announces December Departure

Kathi Vidal's departure from the USPTO marks a significant transition, especially regarding diversity initiatives and ongoing patent system reforms.

USPTO Director Kathi Vidal Announces She Will Resign in Early December

Kathi Vidal's leadership at USPTO focused on promoting intellectual property rights and supporting employee-first initiatives.

USPTO's Final Rule on FY 2025 Patent Fees Drops Divisive Proposals for Across-the-Board Hikes

The USPTO announced a 7.5% fee increase while dropping highly controversial fee proposals from the April 2024 NPRM.
moreuspto
#patent-infringement

Managing Wi-Fi 6 SEP Licensing and Litigation Challenges in a $10 Billion Royalty Market

Wi-Fi 6 is crucial for technological advancements, but its licensing complexities have led to increased litigation and challenges for manufacturers.

Slicing Through Insufficient Evidence of Infringement, Willfulness, and Damages

Jury upheld findings of willful infringement against Weber, affirming the evidence sufficiency for Provisur's patent claims.

Inline for a New Trial

Inline lost claims of patent validity leading to their appeal based on juror instruction errors.
The court's ruling on attorney fees and withdrawn claims raises further questions in patent litigation.

Doctrine of Equivalents: Expert Testimony Must Include Particularized Links

Federal Circuit reiterates skepticism toward the doctrine of equivalents, emphasizing strict standards for expert testimony in patent infringement cases.

Federal Circuit Lacked Jurisdiction to Address Appeal Based on Arguments Under The PREP Act

The Federal Circuit ruled it lacks jurisdiction over appeals related to the PREP Act due to the collateral order doctrine not being fulfilled.

Managing Wi-Fi 6 SEP Licensing and Litigation Challenges in a $10 Billion Royalty Market

Wi-Fi 6 is crucial for technological advancements, but its licensing complexities have led to increased litigation and challenges for manufacturers.

Slicing Through Insufficient Evidence of Infringement, Willfulness, and Damages

Jury upheld findings of willful infringement against Weber, affirming the evidence sufficiency for Provisur's patent claims.

Inline for a New Trial

Inline lost claims of patent validity leading to their appeal based on juror instruction errors.
The court's ruling on attorney fees and withdrawn claims raises further questions in patent litigation.

Doctrine of Equivalents: Expert Testimony Must Include Particularized Links

Federal Circuit reiterates skepticism toward the doctrine of equivalents, emphasizing strict standards for expert testimony in patent infringement cases.

Federal Circuit Lacked Jurisdiction to Address Appeal Based on Arguments Under The PREP Act

The Federal Circuit ruled it lacks jurisdiction over appeals related to the PREP Act due to the collateral order doctrine not being fulfilled.
morepatent-infringement
#patent-law

Return Mail Becomes Latest 101 Petition Denied by SCOTUS

The Supreme Court denied a petition from Return Mail, leaving lower court rulings against its patent claims intact and highlighting issues in Section 101 interpretations.

From Judge Markey's Promise to Rule 36: We Do Not Just Render One-Worded Decisions

The Supreme Court has an opportunity to address the Federal Circuit's use of no-opinion affirmances in patent appeals.

Safe Harbor at a Crossroads: Examining Regulatory Development Shield of 271(e)(1) in Edwards v. Meril

The Supreme Court's review of Edwards Lifesciences Corp. v. Meril Life Sciences could redefine the Hatch-Waxman Act's safe harbor provision regarding regulatory and commercial activity scope.

Supreme Court Patent Cases - November 2024

The Supreme Court is reviewing several patent eligibility cases, particularly in the software sector, amidst ongoing legal challenges.
Eight patent-related certiorari petitions are currently pending before the Supreme Court.

Text vs Precedent: Celanese and the Secret Process On-Sale Bar

The Supreme Court may resolve the significant issue of whether sales from secret processes can impact patent protection after the on-sale bar.

Only Congressional Patent Reform Can Restore Constitutional Rights

Congressional approval of PERA and PREVAIL acts is essential to restore inventors' property rights and uphold the principles of intellectual property.

Return Mail Becomes Latest 101 Petition Denied by SCOTUS

The Supreme Court denied a petition from Return Mail, leaving lower court rulings against its patent claims intact and highlighting issues in Section 101 interpretations.

From Judge Markey's Promise to Rule 36: We Do Not Just Render One-Worded Decisions

The Supreme Court has an opportunity to address the Federal Circuit's use of no-opinion affirmances in patent appeals.

Safe Harbor at a Crossroads: Examining Regulatory Development Shield of 271(e)(1) in Edwards v. Meril

The Supreme Court's review of Edwards Lifesciences Corp. v. Meril Life Sciences could redefine the Hatch-Waxman Act's safe harbor provision regarding regulatory and commercial activity scope.

Supreme Court Patent Cases - November 2024

The Supreme Court is reviewing several patent eligibility cases, particularly in the software sector, amidst ongoing legal challenges.
Eight patent-related certiorari petitions are currently pending before the Supreme Court.

Text vs Precedent: Celanese and the Secret Process On-Sale Bar

The Supreme Court may resolve the significant issue of whether sales from secret processes can impact patent protection after the on-sale bar.

Only Congressional Patent Reform Can Restore Constitutional Rights

Congressional approval of PERA and PREVAIL acts is essential to restore inventors' property rights and uphold the principles of intellectual property.
morepatent-law
#intellectual-property

Ninth Circuit Upholds Injunction for OpenAI Over Dissent's Charge of Abuse of Discretion

OpenAI successfully enjoined a competitor from using its trademark, but a dissenting judge criticized the ruling as legally flawed.

The Briefing: The Fall of SUPER HERO - When Trademarks Become Generic

The trademark 'Superhero' was cancelled due to becoming generic, opening the field for broader usage by creators.

European Medtech Companies: Why a U.S. Centric Patent Strategy is Essential for Long-Term Success

European medtech companies must adapt their patent strategies to align with U.S. patent law and investor expectations for successful market entry.

UK Supreme Court's SkyKick Judgment Sends Trademark Owners Scrambling to Review Registrations

The Supreme Court ruled that expansive trademark specifications can imply bad faith if there's no intention to use the marked goods or services.

Virtual Worlds, Real Rules: EU Parliament's First Take on IP in the Metaverse

The European Parliament's Resolution confirms that intellectual property laws apply to the Metaverse, yet many practical implementation issues remain unresolved.

Other Barks & Bites for Friday, November 8: Judge Dismisses Copyright Lawsuit Against OpenAI Filed by News Outlets; Reports Finds Record Number of Global Patent Filings; ITC Finds Semiconductor Company Infringed on Competitor's Patent

Global patent filings surged to a record 3.5 million in 2023, led by China, reflecting increasing demand for intellectual property rights.

Ninth Circuit Upholds Injunction for OpenAI Over Dissent's Charge of Abuse of Discretion

OpenAI successfully enjoined a competitor from using its trademark, but a dissenting judge criticized the ruling as legally flawed.

The Briefing: The Fall of SUPER HERO - When Trademarks Become Generic

The trademark 'Superhero' was cancelled due to becoming generic, opening the field for broader usage by creators.

European Medtech Companies: Why a U.S. Centric Patent Strategy is Essential for Long-Term Success

European medtech companies must adapt their patent strategies to align with U.S. patent law and investor expectations for successful market entry.

UK Supreme Court's SkyKick Judgment Sends Trademark Owners Scrambling to Review Registrations

The Supreme Court ruled that expansive trademark specifications can imply bad faith if there's no intention to use the marked goods or services.

Virtual Worlds, Real Rules: EU Parliament's First Take on IP in the Metaverse

The European Parliament's Resolution confirms that intellectual property laws apply to the Metaverse, yet many practical implementation issues remain unresolved.

Other Barks & Bites for Friday, November 8: Judge Dismisses Copyright Lawsuit Against OpenAI Filed by News Outlets; Reports Finds Record Number of Global Patent Filings; ITC Finds Semiconductor Company Infringed on Competitor's Patent

Global patent filings surged to a record 3.5 million in 2023, led by China, reflecting increasing demand for intellectual property rights.
moreintellectual-property
#patents

U.S. National Security and Competitiveness Begins with IP

The conversation with Walt Copan highlights key issues in U.S. competitiveness and national security related to science, technology, and innovation.

The New 'China Syndrome': Favors for CATL Can Be Stopped by President Trump

CATL's patenting efforts signal a critical crisis in technology monopolization reminiscent of past disasters.

Other Barks & Bites for Friday, November 15: Sweden Becomes First Country to File for Trademark; Open-Source Company Launches Patent Troll Bounty Program; and District Court Dismisses Patent Infringement Lawsuit Against Amazon

EPO rejects Russian patent requests due to EU sanctions; CNCF launches patent troll bounty; Sweden trademarks its name to prevent tourist confusion.

Debunked: USPTO Findings Should End False Pharma Patent Narratives

The USPTO study disproves claims that pharmaceutical patents inhibit competition and reveals that such narratives have been manipulated by activists.

U.S. National Security and Competitiveness Begins with IP

The conversation with Walt Copan highlights key issues in U.S. competitiveness and national security related to science, technology, and innovation.

The New 'China Syndrome': Favors for CATL Can Be Stopped by President Trump

CATL's patenting efforts signal a critical crisis in technology monopolization reminiscent of past disasters.

Other Barks & Bites for Friday, November 15: Sweden Becomes First Country to File for Trademark; Open-Source Company Launches Patent Troll Bounty Program; and District Court Dismisses Patent Infringement Lawsuit Against Amazon

EPO rejects Russian patent requests due to EU sanctions; CNCF launches patent troll bounty; Sweden trademarks its name to prevent tourist confusion.

Debunked: USPTO Findings Should End False Pharma Patent Narratives

The USPTO study disproves claims that pharmaceutical patents inhibit competition and reveals that such narratives have been manipulated by activists.
morepatents
#trademark-law

The Second Circuit's Metabirkin Dilemma: Constitutionally Protected Artistic Expression or Trademark Misappropriation?

The Second Circuit aims to balance artistic expression against trademark exploitation in the Hermès v. Rothschild case.

A Tale of Two Dewberries: Corporate Structure vs. Trademark Remedies

The Supreme Court will examine whether courts can hold non-party corporate affiliates liable for trademark infringement profits in the Dewberry case.

The Briefing: Bad Spirits - How a Dog Toy Changed TV Title Clearance

The Supreme Court ruling in Jack Daniels v. VIP Products complicates title clearing for creative projects.

The Second Circuit's Metabirkin Dilemma: Constitutionally Protected Artistic Expression or Trademark Misappropriation?

The Second Circuit aims to balance artistic expression against trademark exploitation in the Hermès v. Rothschild case.

A Tale of Two Dewberries: Corporate Structure vs. Trademark Remedies

The Supreme Court will examine whether courts can hold non-party corporate affiliates liable for trademark infringement profits in the Dewberry case.

The Briefing: Bad Spirits - How a Dog Toy Changed TV Title Clearance

The Supreme Court ruling in Jack Daniels v. VIP Products complicates title clearing for creative projects.
moretrademark-law
#patent-system

The Team-Based Reality of Modern Innovation: Average Patent Now Lists More Than Three Inventors

The average number of inventors per utility patent has significantly increased, reflecting a shift towards collaboration in innovation.

Other Barks & Bites for Friday, November 1: USCO Grants Right to Repair Copyright Exemption to Restaurants; EU Hits Teva with $503 Million Fine for Misusing Patent System; and Former USPTO Director Andrei Iancu Endorses Trump

Teva Pharmaceutical was fined over $500 million for patent misuse, reflecting the EU's commitment to competition enforcement.

The Team-Based Reality of Modern Innovation: Average Patent Now Lists More Than Three Inventors

The average number of inventors per utility patent has significantly increased, reflecting a shift towards collaboration in innovation.

Other Barks & Bites for Friday, November 1: USCO Grants Right to Repair Copyright Exemption to Restaurants; EU Hits Teva with $503 Million Fine for Misusing Patent System; and Former USPTO Director Andrei Iancu Endorses Trump

Teva Pharmaceutical was fined over $500 million for patent misuse, reflecting the EU's commitment to competition enforcement.
morepatent-system

The Ultimate IPWatchdog Story: Renee Quinn Granted Dog Toy Design Patent

Innovative design improves playtime experience for dogs and owners.
A new toy enhances throwing distance and cleanliness during play.
Creation inspired by personal need to engage with dogs more effectively.

The Briefing: Millions at Stake - How 2 Live Crew Beat Bankruptcy to Reclaim Their Music

The 90s hip-hop group 2 Live Crew won big in their copyright case against Lil' Joe Records.
#openai

Raw Story v. OpenAI: The Constitutional Hurdle That Tripped Up Raw Story's AI Lawsuit

The dismissal of Raw Story v. OpenAI highlights challenges in anti-AI copyright claims under DMCA's CMI provisions.

News Sites Strike Out in Case Against OpenAI in New York Court

The U.S. District Court dismissed a copyright infringement lawsuit against OpenAI due to lack of standing by the plaintiffs, allowing for an amended complaint.

Raw Story v. OpenAI: The Constitutional Hurdle That Tripped Up Raw Story's AI Lawsuit

The dismissal of Raw Story v. OpenAI highlights challenges in anti-AI copyright claims under DMCA's CMI provisions.

News Sites Strike Out in Case Against OpenAI in New York Court

The U.S. District Court dismissed a copyright infringement lawsuit against OpenAI due to lack of standing by the plaintiffs, allowing for an amended complaint.
moreopenai

Companies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law

The Seventh Circuit's ruling allows for the application of U.S. trade secret law to global disputes if an act in the U.S. is established.
#frand

The Federal Circuit's Antisuit Injunction Decision in Ericsson v. Lenovo has Broader Implications for Global SEP Litigation

The Federal Circuit limits injunctive relief for FRAND violators, signaling a more engaged U.S. court system in global patent licensing disputes.

Shooting from the Hip: The CAFC'S Sua Sponte Interpretation of ETSI's IPR Licensing Declaration

The CAFC ruling emphasizes the necessity of good faith negotiations under ETSI licensing prior to injunctions.

The Federal Circuit's Antisuit Injunction Decision in Ericsson v. Lenovo has Broader Implications for Global SEP Litigation

The Federal Circuit limits injunctive relief for FRAND violators, signaling a more engaged U.S. court system in global patent licensing disputes.

Shooting from the Hip: The CAFC'S Sua Sponte Interpretation of ETSI's IPR Licensing Declaration

The CAFC ruling emphasizes the necessity of good faith negotiations under ETSI licensing prior to injunctions.
morefrand
#hatch-waxman-act

Understanding the Statute on Patent Term Extension

Hatch-Waxman Act enables patent term extensions to counteract premarket regulatory delays.

Oral Arguments Preview: Teva v. Amneal Tests Scope of Orange Book Device Patent Listings

The Federal Circuit's decision in Teva v. Amneal could redefine pharmaceutical patent listing requirements under the Hatch-Waxman Act.
The ruling may impact how device patents related to drugs are treated in the FDA's Orange Book.

Understanding the Statute on Patent Term Extension

Hatch-Waxman Act enables patent term extensions to counteract premarket regulatory delays.

Oral Arguments Preview: Teva v. Amneal Tests Scope of Orange Book Device Patent Listings

The Federal Circuit's decision in Teva v. Amneal could redefine pharmaceutical patent listing requirements under the Hatch-Waxman Act.
The ruling may impact how device patents related to drugs are treated in the FDA's Orange Book.
morehatch-waxman-act

Venable LLP is Seeking a Patent Agent with Electrical/Computer Background - IPWatchdog.com | Patents & Intellectual Property Law

Venable LLP is hiring a patent agent with expertise in electrical or computer engineering, offering a competitive salary and emphasizing diversity.
#innovation

WIPO IP Indicators Report Again Shows Strong IP Filing Totals for China, Asian Nations

India is the only top 20 nation to consistently increase its patent filings each year for the last decade.

Halloween Special: Cheating the Grim Reaper and Patenting the Process

The fear of being buried alive inspired innovative solutions in coffin design during the late 19th and early 20th centuries.

WIPO IP Indicators Report Again Shows Strong IP Filing Totals for China, Asian Nations

India is the only top 20 nation to consistently increase its patent filings each year for the last decade.

Halloween Special: Cheating the Grim Reaper and Patenting the Process

The fear of being buried alive inspired innovative solutions in coffin design during the late 19th and early 20th centuries.
moreinnovation

How Bayh-Dole Supporters Made a Successful Goal Line Stand

The draft guidelines aimed at controlling drug prices were met with unexpected pushback from various stakeholders and ultimately were not finalized by the Biden-Harris Administration.
#federal-circuit

Text vs. Purpose: The Hughes-Reyna Divide Reaches Veterans' Benefits in Soto

The Supreme Court is reviewing cases on veterans' benefits, highlighting contrasting judicial philosophies on statutory interpretation and administrative authority.

Federal Circuit Issues Twin Decisions in Cellspin Cases: Procedure and Timing Matter

The Federal Circuit's decisions underscore the importance of timely arguments and procedural compliance in patent litigation.

Federal Circuit's "Red Flags" Fee Analysis Under Fire: DISH Seeks En Banc Review

DISH Network is contesting the Federal Circuit's decision to vacate a $3.9 million attorney fee award, emphasizing reliance on Supreme Court precedents.

Federal Circuit Vacates District Court's Denial of Antisuit Injunction in FRAND Case

The CAFC ruled Lenovo's U.S. suit could influence foreign injunctions granted to Ericsson without requiring a patent license outcome.

Federal Circuit Rejects District Court's Overly Narrow Claim Construction in LED Patent Infringement Case

The Federal Circuit ruled that the first reflective layer of the '961 patent does not need to be epitaxial or different from the substrate.

Federal Circuit's Rule 36 Affirmances: A Concerning Trend in Light of Loper Bright

The Federal Circuit prioritizes efficiency over transparency, drawing criticism for its R.36 practice.
The recent en banc petition highlights a conflict between judicial efficiency and the constitutional review of agency actions.

Text vs. Purpose: The Hughes-Reyna Divide Reaches Veterans' Benefits in Soto

The Supreme Court is reviewing cases on veterans' benefits, highlighting contrasting judicial philosophies on statutory interpretation and administrative authority.

Federal Circuit Issues Twin Decisions in Cellspin Cases: Procedure and Timing Matter

The Federal Circuit's decisions underscore the importance of timely arguments and procedural compliance in patent litigation.

Federal Circuit's "Red Flags" Fee Analysis Under Fire: DISH Seeks En Banc Review

DISH Network is contesting the Federal Circuit's decision to vacate a $3.9 million attorney fee award, emphasizing reliance on Supreme Court precedents.

Federal Circuit Vacates District Court's Denial of Antisuit Injunction in FRAND Case

The CAFC ruled Lenovo's U.S. suit could influence foreign injunctions granted to Ericsson without requiring a patent license outcome.

Federal Circuit Rejects District Court's Overly Narrow Claim Construction in LED Patent Infringement Case

The Federal Circuit ruled that the first reflective layer of the '961 patent does not need to be epitaxial or different from the substrate.

Federal Circuit's Rule 36 Affirmances: A Concerning Trend in Light of Loper Bright

The Federal Circuit prioritizes efficiency over transparency, drawing criticism for its R.36 practice.
The recent en banc petition highlights a conflict between judicial efficiency and the constitutional review of agency actions.
morefederal-circuit
#copyright-law

Second Circuit Finds Marvin Gaye and Ed Sheeran Similarities Too Unoriginal for Copyright Protection

The Second Circuit ruled that Ed Sheeran's song did not infringe on copyright because the musical components were too unoriginal for protection.

Copyright Office Denies Proposed AI Security Research Exemption in Triennial Rulemaking Under DMCA

The U.S. Copyright Office denied new exemptions for AI and educational use under Section 1201 of the DMCA due to lack of sufficient evidence.

Second Circuit Finds Marvin Gaye and Ed Sheeran Similarities Too Unoriginal for Copyright Protection

The Second Circuit ruled that Ed Sheeran's song did not infringe on copyright because the musical components were too unoriginal for protection.

Copyright Office Denies Proposed AI Security Research Exemption in Triennial Rulemaking Under DMCA

The U.S. Copyright Office denied new exemptions for AI and educational use under Section 1201 of the DMCA due to lack of sufficient evidence.
morecopyright-law

The Briefing: The Dark Side of Halloween - Unlicensed Costumes and the Legal Haunt

Halloween is here, but beware!That killer costume might come with a lawsuit instead of candy.

Federal Circuit Vacates Denial of Anti-Suit Injunction in FRAND Dispute, Clarifying "Dispositive" Analysis

The Federal Circuit has vacated a denial of anti-suit injunctions, streamlining conditions under which they can be granted.

Chief Counsel for the National Institute of Standards and Technology - IPWatchdog.com | Patents & Intellectual Property Law

The Chief Counsel for NIST oversees a comprehensive legal program, providing essential advice on measurement, standards, and technology regulations.

Cox Tells SCOTUS to Deny Sony's Petition or Make a Bad Situation Worse

Cox Communications contests liability for subscriber copyright infringement, arguing a differentiation between business activities that does not directly associate profits with illegal actions.
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