Tag: Intellectual property

On June 17th, 2024, Island Intellectual Property LLC (“Island”) filed a Combined Petition for Rehearing and Rehearing En Banc in Island Intellectual Property LLC v. TD Ameritrade, Inc., Nos. 2023-1318, -1441. This case involves...

The United States Patent and Trademark Office (USPTO) has recently introduced a new rule regarding terminal disclaimers (TD) in patents to address obviousness-type double patenting (ODP) rejections. This rule requires Applicants to assert that...

Crafting quality patents is essential for any inventor looking to protect their innovations and intellectual property. A patent application that is drafted with quality in mind will not only help the inventor feel confident...

This week, the Unified Patent Court (UPC) made history by invalidating an Amgen patent for the cholesterol-lowering drug Repatha in all 17 member states of the European Union. The lawsuit was brought by rivals...

The recent decision by the Federal Circuit regarding induced infringement claims has brought to light an important aspect of the Hatch-Waxman Act. This case involving Amarin and Hikma sheds light on the use of...

In a landmark decision on May 16, 2024, a Japanese court ruled that artificial intelligence (AI) systems cannot be considered inventors under the Patent Act. The case, known as Tokyo District Court Case R5...

Pepperdine University, a private Christian school in California, is seeking a court injunction against Netflix's upcoming comedy series, "Running Point," starring Kate Hudson. The university claims that the show's fictional NBA team bears too...

The U.S. Supreme Court has denied a request to clarify trademark confusion in the case of Relish Labs v. GrubHub, Inc. The case involved a dispute between Home Chef and Grubhub over the use...

Amazon, the e-commerce giant, has been hit with a significant patent infringement verdict in a Waco federal court. The verdict requires Amazon to pay $122 million due to the infringement. This legal battle highlights...

The U.S. Patent and Trademark Office (USPTO) has announced a final rule that will update the rules of practice before the Patent Trial and Appeal Board (PTAB). This rule aims to formalize the existing...

Pillsbury Winthrop Shaw Pittman is currently representing the University of California Regents in a legal battle against Agensys Inc., as reported in the local newspaper. The lawsuit, filed by Jones Day on behalf of...

The US Patent and Trademark Office (USPTO) has made changes to its Patent Trial and Appeal Board (PTAB) Standard Operating Procedure (SOP 1) regarding the assignment of judges to panels. The latest revision, the...

So, like, there was this lawyer, right? And he thought it would be super cool to put a big purple dragon watermark on all the pages of a lawsuit he filed in federal court....

In a surprising turn of events, Commerce Secretary Howard Lutnick has made a bold move to dismiss all members of two citizen panels that provide advice to the US Patent and Trademark Office (USPTO)....

Morrison & Foerster, a prominent law firm, experienced a significant increase in revenue driven by its intellectual property (IP) litigation practice. The firm's gross revenue surged by 5%, reaching $1.41 billion, while net income...

The U.S. Court of Appeals for the Federal Circuit (CAFC) recently made a significant ruling regarding patent law. The court decided that a “first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued,...

On August 5, several major tech companies, including Apple and Google, submitted a legal brief challenging the NHK–Fintiv rule established by the U.S. Patent and Trademark Office (USPTO) for discretionary denials of inter partes...

The PTAB Litigation Blog recently shared insights on a case where Director Vidal reversed and remanded a denial of institution of inter partes review (IPR) related to three Spin Master patents. This decision was...

Congress enacted the Hatch-Waxman Act to strike a balance between promoting generic competition and encouraging pharmaceutical innovation. The Act requires innovators to disclose patents to the FDA for listing in the Orange Book, while...

The Federal Circuit Court of Appeals affirmed a district court's decision that claims for a software system managing pre-employment background investigations were not eligible for a patent. Miller Mendel, Inc. owns the patent in...

The US Patent and Trademark Office (USPTO) recently announced updated Subject Matter Eligibility Guidance, specifically focusing on emerging technologies like artificial intelligence (AI). This new guidance includes three detailed examples to address common situations...

The U.S. Patent and Trademark Office (USPTO) is currently facing a significant backlog of patent and trademark applications, with a total of 785,387 unexamined applications. This backlog has been attributed to various factors, including...

Artificial Intelligence (AI) is revolutionizing the software industry, offering enhanced functionality and features. However, with these advancements come complex legal considerations for parties entering into software license agreements. Developers and licensees must be vigilant...

This week in the world of intellectual property, there have been significant developments that are worth noting. Let's dive into the latest news in the IP landscape.The European Union has published the final text...

The United States Patent and Trademark Office (USPTO) recently issued a request for comments seeking public input on the current state of the common law experimental use exception to patent infringement. This request is...

This week, IPWatchdog Unleashed focused on patent policy and the impact of the Biden Administration on innovation, specifically in relation to pharmaceutical companies' patent rights. Brad Watts, Vice President for Patents and Innovation Policy...

Elizabeth McNamara, a partner at Davis Wright Tremaine, recently made a strong case to a three-judge panel at the U.S. Court of Appeals for the Second Circuit. She was advocating for the district court's...

Intellectual property is a valuable asset that needs to be protected just like any physical property. In a recent episode of The Inspired Patent Podcast, the importance of understanding and safeguarding intellectual property was...

The US patent system has faced criticism for many years, with some blaming patents for issues like patent litigation abuse and high drug prices. However, there is little evidence to support these claims. In...

The U.S. Court of Appeals for the Federal Circuit (CAFC) recently upheld a district court's decision that a patent for e-signature technology was not eligible under Section 101. The patent in question, U.S. Patent...

The U.S. Patent and Trademark Office (USPTO) has recently released a draft Request for Comments (RFC) seeking public feedback on the experimental use exception in patent law. This exception allows for non-commercial experimentation with...

Design patent obviousness was a hot topic in the recent LKQ v. GM decision by the Federal Circuit. The court's decision on May 21, 2024, brought changes to the existing Rosen-Durling test, which required...

As we approach the midpoint of 2024, it is worth reflecting on the significant patent verdicts that have captured the attention of the legal community. Over the past few years, there have been numerous...

In 2024, China made significant changes to its patent laws and practices with the release of revised regulations and guidelines. These adjustments aimed to enhance patent quality, increase examination efficiency, and strengthen patent protection....

This week, we had a conversation with Scott McKeown from Wolf Greenfield and Steve McBride from Carmichael IP regarding the latest updates from the United States Patent and Trademark Office (USPTO). We delved into...

The first half of 2024 has been a busy time for the United States Patent and Trademark Office (USPTO), with the introduction of five different notices of proposed rulemaking. While the first three proposed...

Revamping Patent Laws: Insights from Kevin Kiley and Eagle Forum PresidentA recent event hosted by the Eagle Forum Education & Legal Defense Fund shed light on the state of the patent system in the...

IPWatchdog Unleashed is a new podcast that delves into the world of intellectual property, discussing law, news, policy, and politics related to innovation, technology, and creativity. The host, Gene Quinn, a renowned patent attorney...

Charles Bertini, the owner of APPLE JAZZ, has taken legal action against tech giant Apple to seek the cancellation of their trademark rights related to entertainment services. This move comes after Bertini faced challenges...

In a recent court ruling, the United States District Court for the District of New Jersey has determined that Teva's inhaler patents were incorrectly listed in the FDA's Orange Book. This decision supports Amneal's...

The impact of artificial intelligence (AI) on patent eligibility has become a crucial issue in recent times. The current body of U.S. Court of Appeals for the Federal Circuit case law and U.S. Patent...

This week, there have been several notable events in the world of intellectual property and beyond. Here are some of the highlights:In a recent case, the U.S. Court of Appeals for the Federal Circuit...

The U.S. Court of Appeals for the Federal Circuit (CAFC) recently made a decision regarding a trade secret misappropriation case involving Alifax and Alcor Scientific. Alifax accused Alcor of misappropriating their trade secrets under...