Tag: Patent law
Navigating Patent Law: Trends in Decisions and Procedures
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...
Navigating the New Era of Continuing Application Practice: Managing Risk and Fees
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...
Federal Circuit Reverses District Court’s Indefiniteness Holding for Samsung Based on Prosecution History
The U.S. Court of Appeals for the Federal Circuit (CAFC) recently made a significant ruling in the case of Neonode v. Samsung Electronics, overturning the Western District of Texas district court's decision regarding the...
Strategic Insights: Quality Patents for Your Business
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...
UPC Issues First-Ever Patent Revocation; Meta AI Model Unreleased in EU; CAFC Dismisses PTAB...
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...
Title: Seeking Attorney/Patent Agent for Jones Robb PLLC – Apply Now!
Jones Robb PLLC is currently in search of registered patent attorneys or patent agents for both full- and part-time remote positions. The responsibilities of the role include preparing and prosecuting patent applications both domestically...
Revival of Induced Infringement Claims by Federal Circuit
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...
AI System Cannot Be Inventor in Tokyo Court Ruling
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...
Navigating the Debate: Life Sciences Innovation vs. Drug Pricing Advocates
The U.S. Patent and Trademark Office (USPTO) is currently in the midst of a public comment period regarding proposed rule changes on terminal disclaimers, which are used to overcome non-statutory double patenting rejections. As...
Shifting Burden in Patent Litigation: Lessons Learned from PTAB Cases
In June 2024, Jones Day provided valuable insights on the shifting burden in patent litigation, specifically focusing on lessons learned from PTAB cases. The information shared should not be taken as legal advice for...
USPTO Strikes Expanded Paneling Option from New PTAB Operating ProcedureUSPTO Removes Expanded Paneling...
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...
PTAB Rehearing Requests: No Need to Raise All Arguments
PTAB Rehearing Requests: Understanding the Importance of ArgumentsIn a recent case, the Federal Circuit upheld the PTAB’s decision regarding the validity of Voice Tech Corp.’s U.S. Patent No. 10,491,679, which focuses on technology for...
CAFC Upholds Validity of ‘First-Filed, First-Issued, Later Expiring Claim’
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,...
Forgiving MTA Procedural Error in PTAB Litigation: Insights
In August 2024, Jones Day shared some insights on forgiving MTA procedural errors in PTAB litigation. It's important to note that these insights are not meant to be taken as legal advice for any...
CAFC Affirms ITC Invalidation of Sweetener Patent – Helsinn On-Sale Bar Ruling
The recent decision by the U.S. Court of Appeals for the Federal Circuit (CAFC) in Celanese International Corp. v. International Trade Commission (ITC) affirmed the ITC's ruling that Celanese's process patents were invalid due...
The Politics of Innovation and Patent Policy in Washington DC
This week, we had the opportunity to sit down with Chris Israel, a senior partner at ACG Advocacy, a prominent bipartisan government affairs and strategic consulting firm in Washington, DC. Chris has an impressive...
Challenges by Big Tech Firms to NHK-Fintiv Framework: Lack of Notice-and-Comment Rulemaking
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...
CAFC Affirms Dismissal of Storage Patent Infringement Case for Claims’ Failure Under 101
The U.S. Court of Appeals for the Federal Circuit (CAFC) recently upheld a California district court's decision to dismiss a patent infringement case against Blippar.com. The case involved Mobile Acuity's patents titled "Storing Information...
U.S. Chamber Warns of Threat to CHIPS Act Investments, IOC Anti-Counterfeiting Program for Paris...
This week, there are some significant updates in the world of intellectual property and patent law. The U.S. Copyright Office has issued a report recommending the creation of a federal right to digital replicas,...
Director’s Tips for Obviousness Analysis in PTAB Litigation: Expert Insights
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...
CAFC Invalidates Data Transmission Patent Claim, Remands Substitute Claims for Review
Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) made a decision in the case of ZyXEL Communications Corp. v. UNM Rainforest Innovations. The CAFC upheld the findings of obviousness made by...
Background Check Patent Claims Deemed Ineligible by Federal Circuit
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...
FTC Supports USPTO Terminal Disclaimer NPRM Amid Concerns of Exceeding Authority
The US Patent and Trademark Office (USPTO) recently proposed a rulemaking on terminal disclaimer practice, which received comments from various organizations before the deadline on July 9. One of the key commenters was the...
USPTO Seeks Feedback on Experimental Use Exception | Key Insights
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...
Enhancing the US Patent System: Backing USPTO Staff for Success
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...
Prosecution Laches: Impact on Continuations in Intellectual Property
Last week, the annual patent portfolio management program was held, focusing on the importance of continuations in growing and maintaining a patent portfolio for companies. While the topic of prosecution laches may seem mundane...
Mid-Year Recap: Prominent Patent Verdicts of 2021
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...
China’s Patent Landscape in 2024: Current Trends and Future Outlook
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....
USPTO Updates: Latest Developments and News from IPWatchdog
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...
USPTO Mid-Year Review 2024: Updates and Expectations for the Second Half
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...
The Unified Patent Court: One Year In Unified Patent Court: A Year in Review
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...
The main target and focus of the article is discussing the impact of AI...
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...