Clicky

IPWatchdog, Inc

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.

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.”

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).

“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.

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.

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...

There are many reasons why patent holders might want to put potential infringers on notice of their rights. Such communi...
05/12/2022
Mailer’s Remorse: Notice Letters and Personal Jurisdiction for Declaratory Judgment Lawsuits

There are many reasons why patent holders might want to put potential infringers on notice of their rights. Such communications can serve the salutary goal of encouraging settlement of disputes without resort to lawsuits. And under some circumstances, notice may be legally necessary under 35 U.S.C. § 287 to enable a patent holder to recover damages for infringement. But a patent holder might be reluctant to do this if providing such notice can subject it to personal jurisdiction for a declaratory judgment suit in a remote and inconvenient forum....

https://www.ipwatchdog.com/2022/05/12/mailers-remorse-notice-letters-and-personal-jurisdiction-for-declaratory-judgment-lawsuits/id=148958/

There are many reasons why patent holders might want to put potential infringers on notice of their rights. Such communications can serve the salutary goal of encouraging settlement of disputes without resort to lawsuits.

Did you know that your claim preamble is more likely to be limiting when you’re dealing with a method claim versus an ap...
05/07/2022
IP Practice Vlogs: Examining When Statements of Intended Use can Limit the Scope of a Patent Claim

Did you know that your claim preamble is more likely to be limiting when you’re dealing with a method claim versus an apparatus claim? In Cochlear Bone Anchored v. Oticon Medical AB, Cochlear’s claim recited a hearing aid apparatus “for rehabilitation of unilateral hearing loss” in the preamble. Cochlear was challenged at inter partes review (IPR) where Patent Trial and Appeal Board (PTAB) found the preamble term “for rehabilitation of unilateral hearing loss” did not limit the scope of the claims. The U.S. Court of Appeals for the Federal Circuit upheld the Board’s ruling, expressly finding that the statement of intended use is not limiting because the preamble did not furnish additional structure that was recited in the body of the claims, and provided no antecedent basis for any of the limitations in the body of the claim....

https://www.ipwatchdog.com/2022/05/07/ip-practice-vlogs-examining-statements-intended-use-can-limit-scope-patent-claim/id=148896/

Did you know that your claim preamble is more likely to be limiting when you’re dealing with a method claim versus an apparatus claim?

My 40th birthday this week brought another litigation explosion (I assume no causation), with 120 new suits, double the ...
05/05/2022
Patent Filings Roundup: Third VLSI Trial on Fintiv-Denied Patents Postponed Over COVID Outbreak; Funded Single-Patent Semiconductor Campaign Files in ITC, District Courts; 225 Anonymous Platform Defendants Sued on Single Patent

My 40th birthday this week brought another litigation explosion (I assume no causation), with 120 new suits, double the average, though a spike is common at the ends of months and quarters; the new filings are dominated by filings by IP Edge, DynaIP, IP Valuation, and to a far lesser extent, Leigh Rothschild’s subsidiaries. There were a typical 30 inter partes reviews (IPRs) and no discretionary denials last week, coupled with an average 79 terminations in district court. A new abbreviated new drug application (ANDA) Paragraph IV suit was launched—GE Healthcare challenging the three remaining patents over their ANDA application to bring a generic Lexiscan® drug to market, against brand Astellas and Gilead. New funded semiconductor litigation and further trial postponements in VLSI rounded out this week....

https://www.ipwatchdog.com/2022/05/05/patent-filings-third-vlsi-trial-fintiv-denied-patents-postponed-covid-outbreak-funded-single-patent-semiconductor-campaign-files-itc-district-courts-225-anonymous-platform-defendants-sued-single-pat/id=148856/

My 40th birthday this week brought another litigation explosion (I assume no causation), with 120 new suits, double the average, though a spike is common at the ends of months and quarters.

Address

Leesburg, VA
20176

Alerts

Be the first to know and let us send you an email when IPWatchdog, Inc posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Business

Send a message to IPWatchdog, Inc:

Nearby media companies


Other Media/News Companies in Leesburg

Show All

Comments

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/