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IPWatchdog, Inc

IPWatchdog, Inc IPWatchdog is the leading authority on patents and innovation policy in the U.S. In 2014 we were also inducted into the ABA Blawg Hall of Fame.

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.

It is once again World IP Day, on which the global intellectual property (IP) community celebrates IP and innovation, as...
04/26/2022
World IP Day 2022 Emphasizes Youth Contributions to IP

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/

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).

Patent owners facing inter partes review (IPR) challenges have the option of filing a motion to amend as a contingency p...
04/26/2022
Federal Circuit Signals Appetite for Increased PTAB Discretion in Motions to Amend

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/

The recent decision in Hunting Titan, Inc., v. DynaEnergetics Europe 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.

With the rapid development of communication technologies, the world is more connected than ever. As the academic communi...
04/26/2022
Navigating Foreign Filing Requirements for Cross-Border Patent Inventions (Part I)

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/

Global collaboration can result in exciting innovations for which the inventors or their employers often would like to seek patent protections. However, while science and technology observe no national borders, patent protections and related regulations do.

"The Chicago Patent Attorneys told the Justices that the Interactive Wearables case presents a 'better opportunity' to c...
04/25/2022
Patent Practitioners Tell Justices to Forget American Axle—Fix Eligibility Law with Interactive Wearables Petition

"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/

A group of patent practitioners told the Supreme Court on Thursday that a case involving a patent for a type of content player would be a better vehicle for unraveling the patent eligibility problem than American Axle, which has been awaiting a brief of the U.S. Solicitor General for about one year....

Comcast and the High Tech Inventors Alliance (HTIA) filed amicus briefs last week backing a Supreme Court petition broug...
04/25/2022
Amici Back Cisco’s Bid for SCOTUS Review of Enhanced Damages Standard

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/

Comcast and the High Tech Inventors Alliance filed amicus briefs last week backing a Supreme Court petition brought by Cisco Systems, Inc. last month.

This week in Washington IP news, the Senate Health Committee will host a hearing on Tuesday to address ways that the U.S...
04/25/2022
This Week in Washington IP: Honoring World Intellectual Property Day, Ensuring FDA User Fees Advance Innovation, and IP’s Role in Combating the COVID-19 Pandemic

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/

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. I

"Although there are no hard and fast grammatical rules, it's better to err on the side of caution, following rules that ...
04/25/2022
Grammar, Commas and Courts: Know the Rules to Save Your Patent

"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/

To quote a popular saying: “Let's eat grandpa. Let's eat, grandpa. Correct punctuation can save a person's life.” And incorrect punctuation can cost millions of dollars.

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday directed Judge Alan Albright’s Waco Division of the U...
04/24/2022
CAFC Continues Its Censure of Albright on Transfer Analyses

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/

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.

A means-plus-function limitation is a functional limitation that claims function without structure. The claimed element ...
04/23/2022
IP Practice Vlogs: Software Claiming – A Look at Means-Plus-Function

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/

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 week in Other Barks & Bites: the USPTO updates its website to improve transparency surrounding the process for requ...
04/22/2022
Other Barks & Bites for Friday, April 22: Biden Administration Seeks Release of WTO Draft Proposal on TRIPS Waiver, SCOTUS Asks Solicitor General to Brief Section 112 Issues in Amgen, and Ninth Circuit Affirms Dismissal of Chuck Yeager Publicity...

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/

This week in Other Barks & Bites: the USPTO updates its website to improve transparency surrounding the process for requests of Director review under Arthrex; former Federal Circuit Judge Kathleen O’Malley joins Irell & Manella as of counsel with a practice focusing on litigation consulting; and m...

Patent filings were average this week, with 21 Patent Trial and Appeal Board (PTAB) petitions and 77 district court pate...
04/22/2022
Patent Filings Roundup: Fintiv Denial in Light of NPE Suit Against Healthcare Co.; More Institutions in Troubled Funded ParkerVision Campaign; Universal Studios Sued by German Ride Company

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/

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).

Knobbe Martens is looking to hire a full-time Patent Scientist for their office located in California, New York, or Wash...
04/22/2022
Knobbe Martens is Seeking a Patent Scientist - Computer Science - IPWatchdog.com | Patents & Patent Law

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/

Knobbe Martens is looking to hire a full-time Patent Scientist for their office located in California, New York, or Washington.

“It would be a waste of judicial resources to send this case initially to a three-judge panel when the ultimate destinat...
04/21/2022
Jump Rope Systems Asks CAFC for Initial En Banc Rehearing Challenging Collateral Estoppel Ruling in XY v. Trans Ova Genetics

“It would be a waste of judicial resources to send this case initially to a three-judge panel when the ultimate destination of the case would be before this Court en banc... based on the clear conflict between... XY, LLC and Supreme Court [precedent]."

http://www.ipwatchdog.com/2022/04/21/jump-rope-systems-asks-cafc-initial-en-banc-rehearing-challenge-collateral-estoppel-ruling-xy-v-trans-ova-genetics/id=148597/

On April 19, exercise equipment developer Jump Rope Systems filed a petition with the Federal Circuit seeking an initial hearing en banc to challenge a consent judgment entered in a patent infringement case filed in the Southern District of Ohio.

Under the U.S. Constitution’s Appointments Clause, “Officers of the United States” generally are required to be nominate...
04/21/2022
Actions of USPTO Officials Performing the Director’s Functions and Duties During Director Vacancy are Void

Under the U.S. Constitution’s Appointments Clause, “Officers of the United States” generally are required to be nominated by the President “by and with the Advice and Consent of the Senate.” This rule applies equally to the Director of the U.S. Patent and Trademark Office (USPTO), who has an important executive role with political accountability and therefore, by statute, must be Presidentially-Appointed and Senate-Confirmed (PAS). The Vacancies Reform Act of 1998 (VRA) provides that the President (and only the President) may direct an “acting” official to temporarily perform the functions and duties of the vacant PAS office. The VRA states that its mechanisms are “exclusive” of all other mechanisms for temporarily filling a vacant PAS office. On several occasions since 2013, including most recently with Commissioner Andrew Hirshfeld, the USPTO has adopted a modality for filling a vacancy in the office of the Director, not with an Acting Director as the VRA requires, but with a non-PAS official “designated” to “perform the functions and duties” of the Director....

http://www.ipwatchdog.com/2022/04/21/actions-uspto-officials-performing-directors-functions-duties-director-vacancy-void/id=148582/

On several occasions since 2013, the USPTO has adopted a modality for filling a vacancy in the office of the Director, not with an Acting Director as the VRA requires, but with a non-PAS official “designated” to “perform the functions and duties” of the Director.

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“Gone are the days of cars with big spaces behind panels; it is all a much tighter package now…. Hence, inexpensive widespread design protection…is needed. The Hague system makes that possible, and it is now available in the ‘world’s factory.’” https://www.ipwatchdog.com/2022/02/26/china-joins-hague-system-heres-care/id=146328/
"The authors disagreed with progressives who argue that almost any trade provision or policy, including foreign IP protection, that helps large U.S. corporations inherently works against U.S. workers’ interests." https://www.ipwatchdog.com/2022/02/25/report-recommends-worker-centric-competitiveness-approach-to-trade-policy/id=146333/
This week in Other Barks & Bites: Senator Tillis tells Becerra not to fall for march-in rights petitions; the U.S. Supreme Court asks the Solicitor General to brief the court on the views of the U.S. federal government regarding the Article III standing issues in Apple v. Qualcomm; Sen. Grassley asks DHS Secretary Mayorkas to dispel concerns that the OPT STEM program is expanding beyond its original mission of aiding the U.S. high tech workforce; the United States remains top ranked in the Global IP Index despite ongoing issues regarding the certainty of patent validity under current U.S. law; the Supreme Court sides with Unicolors in ruling that its innocent mistake of law in filing a copyright registration does not require the district court to inquire about the registration’s validity with the Register of Copyrights; and more.... https://www.ipwatchdog.com/2022/02/25/other-barks-bites-february-25-tillis-urges-becerra-resist-calls-use-march-in-rights/id=146378/
"It was a typical week in terms of overall patent filing numbers, with 31 Patent Trial and Appeal Board (PTAB) filings, 56 district court complaints, and some 50-odd terminations." https://www.ipwatchdog.com/2022/02/25/patent-filings-roundup-nokia-phones-banned-germany-fortress-claims-ipr-proceeds-arignas-itc-fintiv-arguments-hashicorp-unloads-ip-edge/id=146355/
“Acting against Chinese IP theft is a rare area of bipartisan support in U.S. trade policy, and the SECRETS Act provides a chance for U.S. policymakers and the Biden administration to take a stand against such parasitic practices by enacting a new law.” https://www.ipwatchdog.com/2022/02/24/secrets-act-adds-critical-new-defense-ip-theft-threatening-u-s-tech-leadership/id=146308/
The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) today revealed its 2022 International IP Index, “Compete for Tomorrow,” which is now in its tenth edition. Last year, the report focused on the role of effective intellectual property (IP) frameworks in helping economies to combat and recover from the COVID-19 pandemic and identified several emerging economies that had made significant improvements. This year, the report analyzes ten years of data, which reveals that the global IP environment has steadily improved overall, including in the last two years of turmoil, and that emerging economies are particularly making a conscious decision to bolster their IP regimes.... https://www.ipwatchdog.com/2022/02/24/gipcs-tenth-international-ip-index-reasons-hopeful-more-work/id=146314/
“‘Zero Trust’ is not some dystopian nightmare in which we have lost all our humanity. In fact, it may make our jobs easier by automating detection and response processes that now involve humans with all their capacity for error and misjudgment.” https://www.ipwatchdog.com/2022/02/23/learning-live-zero-trust-not-depressing-sounds/id=146270/
“The Review Board explained that a machine cannot enter into a binding legal contract, such as an employment or a work-made-for-hire agreement, which is required for the work made for hire doctrine to apply.” https://www.ipwatchdog.com/2022/02/23/thaler-loses-ai-authorship-fight-u-s-copyright-office/id=146253/
"Over the past decade, the Patent Trial and Appeal Board (PTAB) has emerged as a critical and much-relied-upon tool for those facing patent infringement allegations. But the International Trade Commission has become a forum of choice for patent owners seeking fast and effective relief for patent infringement." https://www.ipwatchdog.com/2022/02/23/talkin-trade-administrative-agencies-collide-litigating-parallel-itc-ptab/id=146237/
Unified Patents is again growing its legal department, and seeks to add two experienced, registered patent attorneys to its team. These are full-time, permanent positions located in Washington, D.C.... https://www.ipwatchdog.com/2022/02/23/unified-patents-is-seeking-a-senior-patent-counsel/id=146239/
You may have heard that on January 1, 2022, Winnie-the-Pooh and the other characters from the Hundred Acre Wood are now in the public domain. But did you know that not all of Christopher Robin’s friends are treated the same in the eyes of copyright law? The characters have multiple authors, including A.A. Milne who first published Winnie-the-Pooh in 1926, and The Walt Disney Company, which brought the stories to the screen. Milne’s characters from his 1926 books entered the public domain at the beginning of this year, but Disney’s iteration remains copyright protected for now.... https://www.ipwatchdog.com/2022/02/22/public-public-domain-winnie-pooh-illustrates-copyright-limitations-public-domain-works/id=146207/