#patent-law

#patent-law

The Federal Circuit reaffirmed principles of claim separateness in a recent patent case, impacting how injunctions may be filed.

Major leadership changes occurred in the Copyright Office and the USPTO amidst ongoing legislative actions.

The new interim procedure changes how discretionary denials are handled in IPR proceedings, focusing solely on those issues before the main merits are debated.

USPTO has reversed course on discretionary denials, influenced by workforce changes and the Fintiv framework.

The U.S. patent landscape is shifting dramatically with changes in administration, impacting policies and the backlog of patents.

Key court decisions are reshaping design patent analysis towards flexibility, responding to evolving global standards.

Integrity and transparency are critical in legal professional registration processes.

Howard Lutnick confirmed as Secretary of Commerce; John Squires expected to be nominated as USPTO Director with strong IP experience.

The USPTO terminated 3,100 patent applications due to signature fraud by a non-registered practitioner.

Carmichael advocates for reforms in the PTAB process to enhance fairness, focusing on the authority of the Director and the use of evidence.

The case Xerox v. Facebook raises questions about the PTAB's adherence to district court claim constructions, invoking judicial review's principles from Marbury v. Madison.

Burden of proof in patent enablement lies with the challenger, yet strong presumption of enabling prior art shifts duty to patentee.

The court upheld that patent claims must retain specific meanings, diverging from broad interpretations that could obfuscate their original intent.

Bipartisan consensus exists on the importance of protecting IP standards for innovation.

C4IP report calls for legislative action to strengthen the U.S. IP system.

The Federal Circuit affirmed the invalidation of three AliveCor patents, impacting AliveCor's market position.

The CAFC clarified that provisional applications need to support specific patent specifications for prior art rejections.

The right to repair under U.S. patent law is broad but faces challenges from contractual limitations.

Patent marking requirements rely on the intentions expressed in settlement licenses between parties.

Non-practicing entities must ensure licensees mark products to claim infringement damages.

The common law experimental use exemption offers narrow protections against patent infringement, which poses challenges for scientific research activities.

Courts are increasingly focused on the commercial implications of activities within the context of patent rights.

Understanding the differences between district court and PTAB is crucial for effective patent litigation.