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IPWatchdog, Inc IPWatchdog is the leading authority on patents and innovation policy in the U.S. In 2014 we were als

IPWatchdog.com has been online since 1999 and has provided information and news regarding intellectual property to many tens of millions of unique visitors. This page is open to all, but is intended to provide a platform to meet others who are interested in intellectual property topics including patents, copyrights, trademarks, trade secrets, business and the Internet.

The Supreme Court today heard oral arguments in The Andy Warhol Foundation v. Lynn Goldsmith, a case asking the nation’s...
10/12/2022
SCOTUS Justices Lob Tough Questions at Both Sides in Prince Photo Fair Use Fight

The Supreme Court today heard oral arguments in The Andy Warhol Foundation v. Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo. Many of the Supreme Court’s questions focused on the scope of the use at issue in the case, as well as the extent of the new meaning or message that a purportedly derivative work must take on before it is considered transformative under factor one of the four-factor fair use test.

The Supreme Court today heard oral arguments in The Andy Warhol Foundation v. Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo.

“You’d think it would be well understood by now that appeasement doesn’t foster gratitude, it only encourages the other ...
10/12/2022
This is No Time for Another TRIPS Blunder

“You’d think it would be well understood by now that appeasement doesn’t foster gratitude, it only encourages the other side to push for more. We’ll soon see if we roll over again or not.”

With all of the problems besetting us, you might think that the last thing we need right now is another give-away of critical technologies. But that could be about to happen since the Biden Administration announced that it would support a waiver of the TRIPS Agreement.

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade th...
10/12/2022
Chinese Patent Office Plans to Crack Down on Abnormal Patent Applications

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade the ratings of Chinese patent agencies that approve abnormal or fraudulent patents. CNIPA released the draft on October 8, which expands on a trial started in January 2022 in four provinces.

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade the ratings of Chinese patent agencies that approve abnormal or fraudulent patents.

"There is a reason many stakeholders believe the Patent Trial and Appeal Board (PTAB) has been weaponized against patent...
10/07/2022
Vidal’s Solution to OpenSky Abuse Encourages PTAB Extortion

"There is a reason many stakeholders believe the Patent Trial and Appeal Board (PTAB) has been weaponized against patent owners... Credibility and sanity be damned, patent owners must lose, even if that means excusing, even rewarding, the filing of an IPR petition by an extortionist."

There is a reason many stakeholders believe the Patent Trial and Appeal Board (PTAB) has been weaponized against patent owners. From the very outset, the first Chief Judge of the PTAB famously, or infamously, stated that if the tribunal was not doing some “death squadding” they were not doing th...

“The value of home-grown innovation to public health, national security and economic recovery has never been clearer. Ye...
10/07/2022
Presenting the Evidence for Patent Eligibility Reform: Part I – Consensus from Patent Law Experts

“The value of home-grown innovation to public health, national security and economic recovery has never been clearer. Yet, here in America, the law originally intended to encourage that innovation has never been so muddled.”

Patent eligibility law in the United States is in a state of disarray that has led to inconsistent case decisions, deep uncertainty in the innovative, investment and legal communities, and unpredictable outcomes in patent prosecution and litigation.

“The USPTO website details how these scammers lure in U.S. attorneys, who then have ‘little to no involvement in the app...
10/07/2022
USPTO Suspends Attorney-Sponsored Accounts Connected to Foreign Sponsorship Scam

“The USPTO website details how these scammers lure in U.S. attorneys, who then have ‘little to no involvement in the application process,’ which is a violation of the Office’s rules.”

Earlier this week, the U.S. Patent and Trademark Office (USPTO) suspended the sponsored accounts of two U.S. attorneys who loaned their name and bar credentials to an Indian law firm so they could file trademark submissions in violation of USPTO rules.

IPWatchdog’s Second Annual Meeting, IPWatchdog LIVE 2022 is less than two months away. Originally planned to start on Ma...
07/26/2022
IPWatchdog’s Second Annual Meeting, LIVE 2022, Is Less Than Two Months Away

IPWatchdog’s Second Annual Meeting, IPWatchdog LIVE 2022 is less than two months away. Originally planned to start on March 16, 2020, we had to cancel our inaugural annual meeting when the pandemic shut the world down. We had no choice but to postpone the event on three separate occasions, but we were finally able to hold our first annual meeting, IPWatchdog LIVE 2021, on September 12-14, 2021. For the second year in a row, IPWatchdog LIVE 2022 will be held at the Renaissance Dallas Richardson hotel in Dallas, TX....

https://www.ipwatchdog.com/2022/07/26/ipwatchdogs-second-annual-meeting-live-2022-less-two-months-away/id=150411/

IPWatchdog’s Second Annual Meeting, IPWatchdog LIVE 2022 is less than two months away. For the second year in a row, IPWatchdog LIVE 2022 will be held at the Renaissance Dallas Richardson hotel in Dallas, TX.

Patent litigation funding panel at Patent Litigation Masters™ 2022 now discussing judgment preservation policies. Absolu...
05/24/2022

Patent litigation funding panel at Patent Litigation Masters™ 2022 now discussing judgment preservation policies. Absolutely fascinating. Insurance policies setting a floor value for a judgment and the insurance policy then becomes the asset that can be collateralized, not the judgment, which changes the cost of money.

“For 200 years, the world was getting along just fine without a policy statement on SEPs,” said Andrei Iancu discussing ...
05/23/2022

“For 200 years, the world was getting along just fine without a policy statement on SEPs,” said Andrei Iancu discussing Biden Administration attempts to revisit the 2019 neutrality policy entered into between USPTO, NIST and DOJ. “Standard essential patents are patents too… the regular rule of law should apply.”

Measuring the quality of a patent portfolio doesn’t have to be subjective. There are a number of objective indices that ...
05/23/2022
Catapulting BlackBerry: A Data-Intensive Look, Part II

Measuring the quality of a patent portfolio doesn’t have to be subjective. There are a number of objective indices that measure patent families’ potential economic and reputational value, the breadth of patent claims and the statistical validity strength of a patent. The Patent Value Index, or PVIX, measures the potential economic and reputational value of a patent. PVIX scores each patent family on a curve from 0-100 using a weighted average of the GDP of the countries in which the family has granted members and the number of forward citations garnered by the family members compared to peer patent families in the same technology classes....

https://www.ipwatchdog.com/2022/05/23/catapulting-blackberry-a-data-intensive-look-part-ii/id=149180/

Measuring the quality of a patent portfolio doesn’t have to be subjective. There are a number of objective indices that measure patent families’ potential economic and reputational value, the breadth of patent claims and the statistical validity strength of a patent.

As a former Chairman of the House Judiciary Committee and co-author of major patent legislation, I have a special intere...
05/22/2022
USTR Needs to Step Up Trade Enforcement

As a former Chairman of the House Judiciary Committee and co-author of major patent legislation, I have a special interest in supporting and protecting U.S. intellectual property rights. So, I took note last month when the Office of the U.S. Trade Representative (USTR) released its latest Special 301 Report on Intellectual Property Protection and Enforcement....

https://www.ipwatchdog.com/2022/05/22/ustr-needs-to-step-up-trade-enforcement/id=149215/

As a former Chairman of the House Judiciary Committee and co-author of major patent legislation, I have a special interest in supporting and protecting U.S. intellectual property rights.

Schwegman is seeking qualified patent attorneys having strong technical skills in computer science, electrical engineeri...
05/22/2022
Schwegman Lundberg & Woessner is Seeking a Patent Attorney - IPWatchdog.com | Patents & Patent Law

Schwegman is seeking qualified patent attorneys having strong technical skills in computer science, electrical engineering, mechanical engineering, or advanced degrees in chemistry/biotech. We are particularly interested in candidates with 5+ years of experience in drafting and prosecuting patent applications. Industry experience in a technical field and advanced technical degrees are also of particular interest. Attorneys at Schwegman may be exposed to technical information that may be subject to U.S. Export Control laws. Therefore, proof of U.S. citizenship or permanent residency ("Green Card") status may be required before consideration for a position. This is a full-time, permanent position in both cloud and physical offices....

https://www.ipwatchdog.com/2022/05/22/schwegman-lundberg-woessner-is-seeking-a-patent-attorney/id=149210/

Schwegman is seeking qualified patent attorneys having strong technical skills in computer science, electrical engineering, mechanical engineering, or advanced degrees in chemistry/biotech. We are particularly interested in candidates with 5+ years of experience in drafting and prosecuting patent ap...

There are several ways to claim foreign priority for a patent application. The first option is filing an international a...
05/21/2022
IP Practice Vlogs: Claiming Foreign Priority - An Overview of Patent Cooperation Treaty, Paris Convention and Patent Prosecution Highway Practice

There are several ways to claim foreign priority for a patent application. The first option is filing an international application under the Patent Cooperation Treaty (PCT). In order to utilize this option, at least one of the applicants has to be a national or a resident of a country that is a PCT Contracting State. Upon filing, the applicant picks a receiving office, which is a national patent office designated for receiving the PCT application. A competent receiving office belongs to a location in which one of the PCT applicants is entitled to file a PCT application. Each PCT member state has a competent receiving office for its residents and nationals. The International Bureau of the World Intellectual Property Organization (WIPO) also acts as a receiving office in which all applicants are entitled to file PCT applications. In that case, the applicant can file directly with WIPO. Thirty to 31 months after initial filing, the application then enters the national stage and the applicant can select the countries in which it would like to file....

https://www.ipwatchdog.com/2022/05/21/ip-practice-vlogs-claiming-foreign-priority-overview-patent-cooperation-treaty-paris-convention-patent-prosecution-highway-practice/id=149177/

There are several ways to claim foreign priority for a patent application. The first option is filing an international application under the Patent Cooperation Treaty (PCT).

This week in Other Barks & Bites: the European Commission sent notice to several EU member states directing them to codi...
05/20/2022
Other Barks & Bites for Friday, May 20: CAFC Remands No Case or Controversy Determination to Eastern Texas, Ninth Circuit Rules 2018 Farm Act Legalized Delta-8 THC Trademarks, and EU Commission Directs Member States to Codify Copyright Rules

This week in Other Barks & Bites: the European Commission sent notice to several EU member states directing them to codify recent rule changes to EU copyright law; a WIPO report shows that China has a significant lead in global patent application filings for hydrogen fuel cell vehicle technologies; Judge O’Grady is removed from the criminal copyright case against Kim Dotcom over reported ties to Disney; the Federal Circuit remands a dismissal of a suit seeking declaratory judgment of noninfringement for a finer analysis of the case or controversy presented; the Ninth Circuit rules that the 2018 Farm Act’s changes to the Controlled Substances Act legalized delta-8 THC products such that trademarks for those products are valid; and members of the Senate Antitrust Subcommittee introduce a bill designed to prevent Google and other Big Tech firms from operating at multiple steps along the digital advertising business....

https://www.ipwatchdog.com/2022/05/20/barks-bites-friday-may-20-cafc-remands-no-case-controversy-determination-eastern-texas-ninth-circuit-rules-2018-farm-act-legalized-delta-8-thc-trademarks-eu-commission-direct/id=149208/

This week in Other Barks & Bites: the European Commission sent notice to several EU member states directing them to codify recent rule changes to EU copyright law; a WIPO report shows that China has a significant lead in global patent application filings for hydrogen fuel cell vehicle technologies;....

“The PTAB decision means that a number of U.C.’s patents that are directed to using the CRISPR-Cas9 system in eukaryotic...
05/20/2022
What the PTAB’s CRISPR-Cas9 Decision for Broad Institute Means for Gene Editing Patent Landscape

“The PTAB decision means that a number of U.C.’s patents that are directed to using the CRISPR-Cas9 system in eukaryotic cells, could be rendered invalid…. In the event [they are found] invalid, U.C. could potentially lose significant licensing revenue.”

https://www.ipwatchdog.com/2022/05/20/ptabs-crispr-cas9-decision-broad-institute-means-gene-editing-patent-landscape/id=149141/

As previously reported here, on February 28, 2022 the Patent Trial and Appeal Board issued a decision in which it awarded inventive priority to the Broad Institute over the University of California on an invention covering applications of the CRISPR-Cas9 gene editing system in eukaryotic cells.

Harrity & Harrity, LLP is looking for a superstar patent professional to draft patent applications for leading global te...
05/20/2022
Harrity & Harrity is Seeking Remote Patent Drafting Professionals - IPWatchdog.com | Patents & Patent Law

Harrity & Harrity, LLP is looking for a superstar patent professional to draft patent applications for leading global technology companies, including numerous Patent 300® companies within the software space. This position is 100% remote within the U.S., flexible hours, and full-time (1600+ hours; you set your own goal)....

https://www.ipwatchdog.com/2022/05/20/harrity-harrity-seeking-remote-patent-drafting-professionals/id=149138/

Harrity & Harrity, LLP is looking for a superstar patent professional to prepare patent applications for leading global technology companies, including numerous Patent 300® companies.

It was a slow week at the Patent Trial and Appeal Board (PTAB) and a fast one in the district court, with 82 new patent ...
05/19/2022
Patent Filings Roundup: Hillman Group Petitions on Key Dupe Patents Denied Under Fintiv; Taxidermy Patent Filings Stuffed

It was a slow week at the Patent Trial and Appeal Board (PTAB) and a fast one in the district court, with 82 new patent complaints and 85 terminations, but just 18 patent filings at the PTAB. Those few filings were mostly a battery company challenging Maxell patents, a few bigger NPE cases, and Apple and Samsung filing against assertor Smart Mobile Technologies from the middle of last year. Askeladden had a petition denied on the merits, Microchip Technology had a petition denied on General Plastics, and The Hillman Group got four inter partes reviews (IPRs) denied under Fintiv, guaranteeing they will head to trial in the Eastern District of Texas; more below....

https://www.ipwatchdog.com/2022/05/19/patent-filings-roundup-hillman-group-petitions-key-dupe-patents-denied-fintiv-taxidermy-patent-filings-stuffed/id=149158/

It was a slow week at the Patent Trial and Appeal Board (PTAB) and a fast one in the district court, with 82 new patent complaints and 85 terminations, but just 18 patent filings at the PTAB.

"The Board was required to resolve this highly relevant evidentiary conflict and make appropriate findings of fact.” - C...
05/19/2022
CAFC Gives Google Second Shot at PTAB in Challenge of Communications Patents

"The Board was required to resolve this highly relevant evidentiary conflict and make appropriate findings of fact.” - CAFC

https://www.ipwatchdog.com/2022/05/19/cafc-google-second-shot-ptab-challenge-communications-patents/id=149140/

The U.S. Court of Appeals for the Federal Circuit (CAFC) today vacated and remanded three decisions of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) that had found Google failed to prove the relevant claims of IPA Technologies, Inc.’s patents to be unpatentable.

"The signatory authority of an examiner may incentivize rejecting claims rather than allowing. Specifically, junior exam...
05/19/2022
Tips from a Former Examiner on How to Conduct Interviews at the USPTO

"The signatory authority of an examiner may incentivize rejecting claims rather than allowing. Specifically, junior examiners have a greater incentive to reject patent claims and avoid indicating any allowable subject matter.”

https://www.ipwatchdog.com/2022/05/19/tips-former-examiner-conduct-interviews-uspto/id=149124/

During my time as a USPTO patent examiner, I would almost always encourage scheduling an examiner interview with applicant’s representative to discuss the merits of an application. Curiously, many patent practitioners are not proactive in initiating an interview.

“The draft fundamentally misunderstands the ITC’s purpose, statutory mandates, and overriding consideration of safeguard...
05/18/2022
Policy Shift Against SEP Rights Poses Risks for U.S. Innovation and Undermines Mandate of the ITC

“The draft fundamentally misunderstands the ITC’s purpose, statutory mandates, and overriding consideration of safeguarding the U.S. public interest and would...elevate SEP status of a single patent over other weighty public interest considerations.”

https://www.ipwatchdog.com/2022/05/18/policy-shift-sep-rights-poses-risks-u-s-innovation-undermines-mandate-itc/id=149116/

As a former Commissioner and Chair of the ITC, I am concerned imprudent and expedient changes could subvert IP rights that have been a foundational pillar of American innovation originating from Article I, Section 8, Clause 8 of the U.S. Constitution, and particularly, the enforcement of those right...

“Nike’s requested leave to amend its complaint to include counterfeiting and false advertising claims against StockX und...
05/18/2022
Nike’s Trademark Fight Against StockX Moves Offline

“Nike’s requested leave to amend its complaint to include counterfeiting and false advertising claims against StockX underscores the uncertain interconnectivity between NFTs and physical products as well as the metaverse and real world.”

https://www.ipwatchdog.com/2022/05/18/nikes-trademark-fight-stockx-moves-offline/id=149098/

Nike sued StockX in the United States District Court for the Southern District of New York (SDNY), alleging that StockX’s use of Nike’s famous marks in connection with its NFTs constitutes trademark infringement.

Join us May 23-24 for Patent Litigation Masters 2022. We have an All-Star line-up of panelists and speakers. At the Hyat...
05/18/2022
Patent Litigation Masters™ 2022 - IPWatchdog.com | Patents & Patent Law

Join us May 23-24 for Patent Litigation Masters 2022. We have an All-Star line-up of panelists and speakers. At the Hyatt Regency Dulles, just 5 minutes from Dulles International Airport (IAD).

Join us for the second annual Patent Litigation Masters™ 2022 program, presented by IPWatchdog®. Co-chaired by Gene Quinn (IPWatchdog), Meredith Addy (AddyHart) and David Henry (Gray Reed), this program will focus on patent litigation in the United States. We will explore litigation in the most a...

At the end of January, BlackBerry announced it had completed the sale of the majority of its patents to Catapult IP Inno...
05/18/2022
Catapulting BlackBerry: A Data-Intensive Look – Part I, Quantity

At the end of January, BlackBerry announced it had completed the sale of the majority of its patents to Catapult IP Innovations, a special purpose vehicle specifically formed for the acquisition. Approvals for the transaction were granted under the 1985 Investment Canada Act and the 1976 Hart-Scott-Rodino Antitrust Improvements Act. More information on the transaction can be found here on the SEC website. The value of the deal was reported to be $600 million, a figure that makes it one of the largest patent acquisitions in the last ten years and spurs a great deal of speculation about whether it is worth it. This article explores Blackberry’s divested portfolio and disassembles some of the assumptions surrounding the portfolio and the deal's value....

https://www.ipwatchdog.com/2022/05/18/catapulting-blackberry-data-intensive-look-part-quantity/id=149046/

This article explores Blackberry’s divested portfolio and disassembles some of the assumptions surrounding the portfolio and the deal's value.

Gilbert Hyatt, an inventor who has been granted more than 70 patents and has filed more than 400 applications with the U...
05/17/2022
Hyatt Returns to SCOTUS with Request to Clarify Standard for Summary Judgment, APA Scope of Review Provisions

Gilbert Hyatt, an inventor who has been granted more than 70 patents and has filed more than 400 applications with the U.S. Patent and Trademark Office (USPTO), has petitioned the U.S. Supreme Court asking the Justices to weigh in on his challenge of a policy he alleges the USPTO implemented in the 1990s to categorically deny him issuance of any additional patents. Hyatt has been embroiled in litigation with the USPTO for decades and won a previous Supreme Court appeal in 2012. ...

https://www.ipwatchdog.com/2022/05/17/hyatt-returns-scotus-request-clarify-standard-summary-judgment-apa-scope-review-provisions/id=149076/

Gilbert Hyatt has petitioned the U.S. Supreme Court asking the Justices to weigh in on his challenge of a policy he alleges the USPTO implemented in the 1990s to categorically deny him issuance of any additional patents.

“It is imperative that any informed application of competition law take into account the full body of published empirica...
05/17/2022
Mossoff-Barnett Comment on EU Commission’s Call for SEP Evidence Spotlights Misconceptions About FRAND Obligations

“It is imperative that any informed application of competition law take into account the full body of published empirical evidence...." - Mossoff-Barnett comment

https://www.ipwatchdog.com/2022/05/17/mossoff-barnett-comment-eu-commissions-call-sep-evidence-spotlights-misconceptions-frand-obligations/id=149071/

On May 9, a comment signed by a coalition of 25 law professors, economists and former U.S. government officials was submitted to the European Commission as a response to the EU governing body’s call for evidence on standard-essential patents.

On May 13, the United States Court of Appeals for the Federal Circuit dismissed Bennett Regulator Guards, Inc.’s (Bennet...
05/17/2022
CAFC Dismisses Appeal of PTAB Determination Because it Partially Involved Time-Bar

On May 13, the United States Court of Appeals for the Federal Circuit dismissed Bennett Regulator Guards, Inc.’s (Bennett) challenge of a Patent Trial and Appeal Board (PTAB) decision to vacate the institution of an inter partes review (IPR), citing a lack of jurisdiction, since the PTAB’s decision was based in part on its reconsideration of whether the petitioner was time barred from petitioning for IPR under 35 U.S.C. § 315(b). Judge Pauline Newman dissented....

https://www.ipwatchdog.com/2022/05/17/cafc-dismisses-appeal-of-ptab-determination-because-it-partially-involved-time-bar/id=149043/

On May 13, the Federal Circuit dismissed Bennett Regulator Guards, Inc.’s challenge of a Patent Trial and Appeal Board decision to vacate the institution of an IPR, citing a lack of jurisdiction because the PTAB's analysis involved time-bar.

“This full court press [litigation approach] exemplified by DivX is the gold standard because it leverages a variety of ...
05/16/2022
LG’s Recent Infringement Fight Against TCL Could Take Some Tips from DivX’s Approach

“This full court press [litigation approach] exemplified by DivX is the gold standard because it leverages a variety of jurisdictions, including those that are less sympathetic, if not openly hostile, to implementers’ charges of patent holdup.”

https://www.ipwatchdog.com/2022/05/16/lgs-recent-infringement-fight-tcl-take-tips-divxs-approach/id=149033/

On April 21, LG Electronics Inc. filed suit against Chinese television manufacturer, TCL, in the Eastern District of Texas, for patent infringement. But considering the successes of [those]that have employed a multinational patent litigation strategy...the limited approach does raise some questions.

This week in Washington IP news, several subcommittees in the House of Representatives take a closer look at President J...
05/16/2022
This Week in Washington IP: Biden’s Budget Request for Clean Energy RD&D, Building the EV Industry’s Workforce, and a Conversation on Crypto with Senator Lummis

This week in Washington IP news, several subcommittees in the House of Representatives take a closer look at President Joe Biden’s budgetary request for the 2023 fiscal year, which was released in late March. On Friday, the House Research and Technology Subcommittee explores ways that the federal government can support the workforce needs of the growing electric vehicle industry. Elsewhere, the Information Technology & Innovation Foundation discusses the findings of its most recent annual report on federal funding for clean energy RD&D, while the American Enterprise Institute hosts a conversation with Senator Cynthia Lummis (R-WY) on the prospects of the U.S. federal government adopting a centralized cryptocurrency despite the recent crypto crash....

https://www.ipwatchdog.com/2022/05/16/week-washington-ip-bidens-budget-request-clean-energy-rdd-building-ev-industrys-workforce-conversation-crypto-senator-lummis/id=149028/

This week in Washington IP news, several subcommittees in the House of Representatives take a closer look at President Joe Biden’s budgetary request for the 2023 fiscal year, which was released in late March.

“The ITC is considering this exclusion order on Americans’ favored technology at a time when China’s largest smartphone ...
05/16/2022
Opinion: Growing Misuse of Patent Protections Threatens U.S. Competitiveness and Security

“The ITC is considering this exclusion order on Americans’ favored technology at a time when China’s largest smartphone manufacturer, Huawei, could step in and take over the U.S. market.”

https://www.ipwatchdog.com/2022/05/16/opinion-growing-misuse-patent-protections-threatens-us-competitiveness-security/id=149017/

The chaotic state of the world today makes it increasingly difficult for American companies to compete. Russian hostility has the democratic world on edge, U.S. inflation is at a 40-year high and hitting consumers hard, and China continues its aggressive push for economic and technological dominance...

On April 28, Google published a blog by their general counsel, Halimah DeLaine Prado, about the crisis condition of the ...
05/15/2022
A Tale of Two Googles: Patent System Champion or Crux of the Problem?

On April 28, Google published a blog by their general counsel, Halimah DeLaine Prado, about the crisis condition of the U.S. patent system. Prado portrays Google as a strong supporter of the patent system, citing their history in initiatives to spur new inventions and technologies. For example, Google was a key player in 2013 in starting the Open Patent Non-Assertion Pledge (to not sue on open-source software). Google was also instrumental in the beginnings of the License On Transfer network (which helps members who have been sued by “patent trolls”). Google has provided technical support for the Prior Art Archive. Prado notes that Google has 42,000 patents, which she says they license at “fair value,” and sell to grow the portfolios of other companies, all in the interest of small businesses....

https://www.ipwatchdog.com/2022/05/15/tale-two-google-patent-system-champion-crux-problem/id=149016/

On April 28, Google published a blog by their general counsel, Halimah DeLaine Prado, about the crisis condition of the U.S. patent system. Prado portrays Google as a strong supporter of the patent system, citing their history in initiatives to spur new inventions and technologies.

Generally, artificial intelligence (AI) is an automation of a thing that a human being can do, or the simulation of inte...
05/14/2022
What is AI and How is it Treated by the USPTO, EPO and CNIPA?

Generally, artificial intelligence (AI) is an automation of a thing that a human being can do, or the simulation of intelligent human behavior by a machine. In other words, AI performs what a human can but with vastly more data and processing of incoming information. Unfortunately, claiming AI in adherence to its typical definition is akin to asking for a Section 101 subject matter eligibility rejection in the United States. Europe and China have already updated their patent examination procedures for AI. If the United States sustains its current examination procedure of machine intelligence in accordance with the abstract idea doctrine under the Alice and Mayo framework established by the Supreme Court, will we be leaving this industry behind?...

https://www.ipwatchdog.com/2022/05/14/ai-treated-uspto-epo-cnipa/id=149013/

Generally, artificial intelligence (AI) is an automation of a thing that a human being can do, or the simulation of intelligent human behavior by a machine. In other words, AI performs what a human can, but with vastly more data and processing of incoming information.

This week in Other Barks & Bites: Senator Josh Hawley introduces a bill that would retroactively limit copyright terms t...
05/13/2022
Other Barks & Bites for Friday, May 13: Solicitor General Tells SCOTUS Not to Grant Appeal on Markman Issue, Director Vidal Announces Patent Examiner Training Program and Hawley Introduces Bill to Limit Copyright Term to 56 Years

This week in Other Barks & Bites: Senator Josh Hawley introduces a bill that would retroactively limit copyright terms to a single 28-year term with the possibility of one 28-year extension; the Federal Circuit reverses a Northern California summary judgment ruling of noninfringement after finding that the district court improperly defined the claim term “buffer”; SoftBank’s Vision Fund posts a $20 billion loss for the 2021 fiscal year; Senators Thom Tillis and Patrick Leahy introduce a bill to create music-related cultural exchange programs to improve international relations; USPTO Director Kathi Vidal announces developments on a patent examiner training program and plans to issue a request for comments for the Director review process under Arthrex;...

https://www.ipwatchdog.com/2022/05/13/barks-bites-friday-may-13-solicitor-general-tells-scotus-not-grant-appeal-markman-issue-director-vidal-announces-patent-examiner-training-program-hawley-introduces-bill-lim/id=149005/

This week in Other Barks & Bites: Senator Josh Hawley introduces a bill that would retroactively limit copyright terms to 56 years; Senators Thom Tillis and Patrick Leahy introduce a bill to create music-related cultural exchange programs to improve international relations; and more.

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It is once again World IP Day, on which the global intellectual property (IP) community celebrates IP and innovation, as well as the day that the Convention establishing the World Intellectual Property Organization (WIPO) came into force (April 26, 1970).

http://www.ipwatchdog.com/2022/04/26/world-ip-day-2022-emphasizes-youth-contributions-ip/id=148666/
Patent owners facing inter partes review (IPR) challenges have the option of filing a motion to amend as a contingency plan. This motion, accompanied by proposed substitute claims, allows the patent owner a fallback position if the Patent Trial and Appeal Board (PTAB) finds the original claims unpatentable. If successful, despite the unpatentability of the original claims, the patent owner maintains the substitute claims. While this sounds great in concept, the historical success rate of such motions is low. From October 2012 through March 2020, only 14% of motions to amend were granted. This improved slightly in 2020, to 25%, but dropped back to 18% in 2021 (calculated using data from Docket Navigator). The recent decision in Hunting Titan, Inc., v. DynaEnergetics Europe GmbH thus presents the somewhat rare case in which an amendment was granted by the PTAB and affirmed on appeal. That said, the Federal Circuit’s narrow holding does not indicate an easier future for patent owners’ motions to amend; indeed, the opposite may be true....

http://www.ipwatchdog.com/2022/04/26/federal-circuit-signals-appetite-increased-ptab-discretion-motions-amend/id=148636/
With the rapid development of communication technologies, the world is more connected than ever. As the academic communities are drawn closer, international research collaborations increase dramatically. Researchers and scientists from all over the world often come together to make new inventions..... Such global collaboration can result in exciting innovations for which the inventors or their employers often would like to seek patent protections. Due to the “global” nature of these inventions, it is only natural that the applicants desire to patent them in multiple countries to maximize the rights. However, while science and technology observe no national borders, patent protections and related regulations do....

http://www.ipwatchdog.com/2022/04/26/navigating-foreign-filing-requirements-cross-border-patent-inventions-part/id=148647/
"The Chicago Patent Attorneys told the Justices that the Interactive Wearables case presents a 'better opportunity' to clarify Section 101 law because it involves 'an intuitive technology' with 'tangible components...'"

https://www.ipwatchdog.com/2022/04/25/patent-practitioners-tell-justices-forget-american-axle-fix-eligibility-law-interactive-wearables/id=148646/
Comcast and the High Tech Inventors Alliance (HTIA) filed amicus briefs last week backing a Supreme Court petition brought by Cisco Systems, Inc. last month. The petition asks the Court to consider whether: 1) enhanced damages may be awarded absent a finding of egregious infringement behavior; and 2) whether the U.S. Court of Appeals for the Federal Circuit (CAFC) may award enhanced damages without first allowing the district court to exercise its discretion to decide that issue. Cisco filed the petition for a writ of certiorari on March 16, following a November 2021 decision of the Federal Circuit that reversed a district court’s denial of SRI International’s motion to reinstate a jury’s willfulness verdict against Cisco. That ruling restored the district court’s award of enhanced damages and affirmed an award of attorney fees for SRI. The CAFC specifically clarified that its reference to language in the Supreme Court’s ruling in Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923, 1934 (2016) on a first appeal in the case was not meant to create a heightened requirement for willful infringement....

https://www.ipwatchdog.com/2022/04/25/amici-back-ciscos-bid-scotus-review-enhanced-damages-standard/id=148639/
This week in Washington IP news, the Senate Health Committee will host a hearing on Tuesday to address ways that the U.S. Food & Drug Administration’s user fee program can better advance innovation in medical products. In the House of Representatives, the Financial Services Committee will explore data privacy and consumer protection concerns that are related to the increasing available of digital wallets on mobile devices. Elsewhere, the Center for Strategic & International Studies partners with the Information Technology & Innovation Foundation to discuss the role of intellectual property in driving forward the development of the COVID-19 vaccine, while the U.S. Copyright Office, U.S. Patent and Trademark Office and others celebrate World Intellectual Property Day on Tuesday with a focus on this year’s theme, IP and Youth: Innovating for a Better Future....

https://www.ipwatchdog.com/2022/04/25/week-washington-ip-honoring-world-intellectual-property-day-ensuring-fda-user-fees-advance-innovation-ips-role-combating-covid-19-pandemic/id=148632/
"Although there are no hard and fast grammatical rules, it's better to err on the side of caution, following rules that courts have recognized."

https://www.ipwatchdog.com/2022/04/25/grammar-commas-and-courts-know-the-rules-to-save-your-patent/id=148609/
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday directed Judge Alan Albright’s Waco Division of the U.S. District Court for the Western District of Texas to transfer a case brought by CPC Patent Technologies PTY Ltd against Apple to the Northern District of California. The CAFC said the district court erred in weighing the convenience of the witnesses factor as only slightly favoring transfer, noting that the court has historically rejected the view that this factor should be based solely on the distance the witness would have to travel....

https://www.ipwatchdog.com/2022/04/24/cafc-continues-its-censure-of-albright-on-transfer-analyses/id=148624/
A means-plus-function limitation is a functional limitation that claims function without structure. The claimed element presented for prosecution is pure function and not structure. This type of claiming is used often with software patents, which recite function via a series of computer implemented steps to carry out a means....

http://www.ipwatchdog.com/2022/04/23/ip-practice-vlogs-software-claiming-look-means-plus-function/id=148593/
This week in Other Barks & Bites: the USPTO updates its website to improve transparency surrounding the process for requests of Director review of PTAB decisions under Arthrex; former Federal Circuit Judge Kathleen O’Malley joins Irell & Manella as of counsel with a practice focusing on litigation consulting; the Ninth Circuit affirms the dismissal of trademark and right of publicity claims filed by Chuck Yeager against sales and promotional material developed by Airbus; the Ninth Circuit also affirmed an injunction preventing LinkedIn from using technical measures to prevent a people analytics firm from scraping publicly available data; Netflix stock drops by 35% this week after it reported its first net subscriber loss in more than a decade; statements from the Biden Administration to HuffPost indicate efforts to get the WTO to release its draft text of the proposed TRIPS waiver; and the U.S. Supreme Court invites the U.S. Solicitor General to file a brief on the Section 112 enablement issues involved in Amgen v. Sanofi....

https://www.ipwatchdog.com/2022/04/22/barks-bites-friday-april-22-biden-administration-seeks-release-wto-draft-proposal-trips-waiver-scotus-asks-solicitor-general-brief-section-112-issues-amgen-ninth-circui/id=148620/
Patent filings were average this week, with 21 Patent Trial and Appeal Board (PTAB) petitions and 77 district court patent complaints filed (and 67 terminated).

https://www.ipwatchdog.com/2022/04/22/patent-filings-roundup-fintiv-denial-light-npe-suit-healthcare-co-institutions-troubled-funded-parkervision-campaign-universal-studios-sued-german-ride-company/id=148602/
Knobbe Martens is looking to hire a full-time Patent Scientist for their office located in California, New York, or Washington. Candidates will assist with the successful procurement of patent protection for innovative technologies, the designs of new products, and assist with the evaluation of competitor products. The candidate will learn about a variety of new technologies, learn to identify inventive features, learn to describe the inventions, and work with the Patent Office to allow a patent for the technology. The position also requires a candidate to possess the ability to explain and describe new technologies in a way that is concise and descriptive. To be successful in this position the candidate must be a strong communicator, both written and oral. The candidate must be able to work independently, with a large amount of working freedom. In addition, each candidate will eventually participate in a patent law course and become registered with the United States Patent Office....

https://www.ipwatchdog.com/2022/04/22/knobbe-martens-is-seeking-a-patent-scientist-computer-science/id=148592/
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