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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.

Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in...

05/03/2019

Other Barks and Bites, Friday, May 3: CASE Act, China Leads in 5G SEPs, and SCOTUS Requests Government’s Views in Oracle v. Google

Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in IP news: the CASE Act, which would create a small claims system for copyright claims, is reintroduced in both houses of Congress; Qualcomm earns a massive $4.5 billion payment from its settlement with Apple; the U.S. Supreme Court seeks input from the Solicitor General on… [ 1,337 more word ]
https://www.ipwatchdog.com/2019/05/03/barks-bites-friday-may-3-case-act-china-leads-5g-seps-scotus-asks-governments-views-oracle-v-google/id=108900/

This week in IP news: the CASE Act, which would create a small claims system for copyright claims, is reintroduced in both houses of Congress; Qualcomm earns a massive $4.5 billion payment from its settlement with Apple; and more.

“Patent filings for the FinTech industry have been dramatically changing. Filings decreased by 24% from 2007 to 2009, ...

05/03/2019

Patent Trend Study Part Three: FinTech Industry

“Patent filings for the FinTech industry have been dramatically changing. Filings decreased by 24% from 2007 to 2009, increased by 58% from 2009 to 2013 and decreased by 27% from 2013 to 2018.” This is the third in a thirteen-part series of articles authored by Kilpatrick Townsend that IPWatchdog will be publishing over the coming weeks. The series will examine industry-specific patent trends across 12 key patent-intensive industries. [ 626 more words ]
https://www.ipwatchdog.com/2019/05/03/patent-trend-study-part-two-fintech-industry/id=108770/

In June 2014, the Supreme Court decided Alice v. CLS Bank, which nearly immediately made it much harder to patent a FinTech invention. This resulted in fewer FinTech patent application filings.

“I’m astonished to have to admit that the U.S. patent system is so fundamentally broken on so many levels that the D...

05/02/2019

The Newest Patent Litigation Venue: District of Amazon Federal Court

“I’m astonished to have to admit that the U.S. patent system is so fundamentally broken on so many levels that the DAFC may be the only venue available to most inventors." In yet another pathetic result of the U.S. government crashing the patent system, Amazon announces it is a patent infringement court. I guess we can call it the District of Amazon Federal Court (DAFC). [ 1,382 more word ]
https://www.ipwatchdog.com/2019/05/02/newest-patent-litigation-venue-district-amazon-federal-court/id=108808/

In yet another pathetic result of the U.S. government crashing the patent system, Amazon announces it is a patent infringement court. I guess we can call it the District of Amazon Federal Court (DAFC).

“The Federal Circuit could take a few cases en banc and devote a day, get amicus input, and hear from the government. ...

05/02/2019

Iancu Calls on Federal Circuit to Fix Section 101 Problem

“The Federal Circuit could take a few cases en banc and devote a day, get amicus input, and hear from the government. Let’s have a broad-based discussion on some specific cases in an en banc situation. To a large extent, they could fix it.” – Andrei Iancu USPTO Director and Under Secretary of Commerce for Intellectual Property Andrei Iancu believes that “to a large extent … if they want to, the Federal Circuit can fix the problem” with patentable subject matter under Section 101. [ 775 more words ]
https://www.ipwatchdog.com/2019/05/02/iancu-calls-federal-circuit-fix-section-101-problem/id=108813/

USPTO Director and Under Secretary of Commerce for Intellectual Property Andrei Iancu believes that “to a large extent … if they want to, the Federal Circuit can fix the problem” with patentable subject matter under Section 101.

“U.S. applicants are ceding the domestic IoT innovation space to foreign enterprise.” This is the second in a thirte...

05/02/2019

Patent Trends Study Part Two: IoT Industry

“U.S. applicants are ceding the domestic IoT innovation space to foreign enterprise.” This is the second in a thirteen-part series of articles authored by Kilpatrick Townsend that IPWatchdog will be publishing over the coming weeks. The series will examine industry-specific patent trends across 12 key patent-intensive industries. In yesterday’s article, we introduced our patent-trends study (performed in a collaboration between Kilpatrick Townsend and GreyB Services) and provided high-level data across industries. [ 896 more words ]
https://www.ipwatchdog.com/2019/05/02/patent-trends-study-part-two-iot-industry/id=108800/

In yesterday’s article, we introduced our patent-trends study (performed in a collaboration between Kilpatrick Townsend and GreyB Services) and provided high-level data across industries. Today’s article pertains to the Internet of Things (IoT) industry.

Apple manipulated the licensing market to gain an advantage over Qualcomm. Qualcomm has suffered and, as a result, Huawe...

05/01/2019

Qualcomm Survives Apple Manipulation, FTC Continues Reckless Pursuit

Apple manipulated the licensing market to gain an advantage over Qualcomm. Qualcomm has suffered and, as a result, Huawei has gained a competitive advantage. Now, as the parties retreat to pick up the pieces, the FTC is there to execute what remains of Qualcomm based on a fictional theory. Now that Apple and Qualcomm have made peace it would be easy to allow the case and the issues to recede into the background. [ 1,179 more word ]
https://www.ipwatchdog.com/2019/05/01/qualcomm-survives-apple-manipulation-ftc-continues-reckless-pursuit/id=108819/

Now that Apple and Qualcomm have made peace it would be easy to allow the case and the issues to recede into the background. That is likely what Apple would prefer, and almost certainly why Apple made the decision to settle with Qualcomm rather than proceed with trial.

05/01/2019

Google v. Oracle and the Battle to Protect Software Via Copyright

“If the Supreme Court either rejects Google’s petition or accepts the appeal and affirms in favor of Oracle, expect an uptick in software infringement litigation." On Monday, the U.S. Supreme Court invited the United States Solicitor General to file a brief expressing its views in the long-running case of Google LLC v. Oracle America Inc. The case highlights the complexities of protecting software via IP rights. [ 1,040 more word ]
https://www.ipwatchdog.com/2019/05/01/google-v-oracle-battle-protect-software-via-copyright/id=108753/

On Monday, the U.S. Supreme Court invited the United States Solicitor General to file a brief expressing its views in the long-running case of Google LLC v. Oracle America Inc. The case highlights the complexities of protecting software via IP rights.

"While patent filings are greatly increasing in a number of tech industries, filings are plateaued or falling in others....

05/01/2019

Patent Trend Study Part One: Twelve-Industry Overview

"While patent filings are greatly increasing in a number of tech industries, filings are plateaued or falling in others. This difference may be partly explained by allowance-rate distinctions.” This is the first in a thirteen-part series of articles authored by Kilpatrick Townsend that IPWatchdog will be publishing over the coming weeks. The series will examine industry-specific patent trends across 12 key patent-intensive industries. [ 1,060 more word ]
https://www.ipwatchdog.com/2019/05/01/patent-trend-study-twelve-industry-overview/id=108739/

This is the first in a thirteen-part series of articles authored by Kilpatrick Townsend that IPWatchdog will be publishing over the coming weeks. The series will examine industry-specific patent trends across 12 key patent-intensive industries.

"As competition increases and shoppers continue to flee from Google search as the primary starting point to find product...

04/30/2019

As Google’s Ad Revenue Slows, Alphabet May Soon Regret Its Anti-Patent Strategy

"As competition increases and shoppers continue to flee from Google search as the primary starting point to find products, Alphabet will find it very difficult to derive significant sums from its patent portfolio, thanks to its own efforts to cripple the value of patents in the United States.” It is time for Alphabet to wake up. This morning’s edition of the… [ 860 more words ]
https://www.ipwatchdog.com/2019/04/30/googles-ad-revenue-slows-alphabet-may-regret-anti-patent-strategy/id=108766/

This morning’s edition of the Wall Street Journal carried a front-page article describing how the once mighty and untouchable online-advertising operation at Google has begun to struggle thanks to increased competition.

“While China’s government has reorganized IP responsibilities among government agencies and proposed revisions to IP...

04/30/2019

USTR Special 301 Report Highlights Continued Issues with IP Enforcement, Notorious Markets in China

“While China’s government has reorganized IP responsibilities among government agencies and proposed revisions to IP law, it has failed to address fundamental issues affecting the legal landscape for IP owners.” On April 25, the Office of the U.S. Trade Representative (USTR) released both its annual Special 301 Report and an updated Notorious Markets List, each of which highlights international issues facing U.S. [ 1,352 more word ]
https://www.ipwatchdog.com/2019/04/30/ustr-special-301-report-highlights-continued-issues-ip-enforcement-notorious-markets-china/id=108747/

On April 25, the Office of the U.S. Trade Representative (USTR) released both its annual Special 301 Report and an updated Notorious Markets List, each of which highlights international issues facing U.S. intellectual property owners living in the United States and abroad.

“It is important to keep in mind that courts have found that the mere intent to keep the document confidential is insu...

04/30/2019

Your Developers Could Be Publicly Disclosing Source Code By Using Third-Party Code Repositories

“It is important to keep in mind that courts have found that the mere intent to keep the document confidential is insufficient.” Recently, I met with a potential client to discuss key points that developers and management should keep in mind in taking the first steps to begin developing a patent portfolio. One aspect of the presentation was public disclosures that began the one-year grace period for filing for patent protection. [ 1,295 more word ]
https://www.ipwatchdog.com/2019/04/30/developers-publicly-disclosing-source-code-using-third-party-code-repositories/id=108719/

Recently, I met with a potential client to discuss key points that developers and management should keep in mind in taking the first steps to begin developing a patent portfolio. One aspect of the presentation was public disclosures that began the one-year grace period for filing for patent protecti...

"Another emerging (and perhaps troubling) theme since Octane Fitness is that certain conduct by parties, even if 'obnoxi...

04/29/2019

Examining Octane Fitness Five Years On

"Another emerging (and perhaps troubling) theme since Octane Fitness is that certain conduct by parties, even if 'obnoxious, and arguably unethical' may not be found exceptional, particularly where it had no significant impact on the outcome or did not lead to any material activity in the litigation." Five years ago, on April 29, 2014, the Supreme Court issued its decision in… [ 1,701 more word ]
https://www.ipwatchdog.com/2019/04/29/examining-octane-fitness-five-years/id=108693/

Five years ago today, the Supreme Court issued its decision in Octane Fitness LLC v. ICON Health & Fitness, Inc., empowering district courts to award attorneys’ fees in those patent case that “stand out from others.”

This week on Capitol Hill, both the House of Representatives and Senate are back in full action after the conclusion of ...

04/29/2019

This Week on Capitol Hill: World IP Day, Cybersecurity Hearings and Promoting Blockchain-Based Innovation

This week on Capitol Hill, both the House of Representatives and Senate are back in full action after the conclusion of two weeks of work periods. Tuesday is an especially busy day for technology and innovation hearings at both houses of Congress. Hearings at the House that day will focus on stopping robocalls, carbon reduction technologies and 2020 fiscal year funding for a couple of government research and development agencies. [ 1,687 more word ]
https://www.ipwatchdog.com/2019/04/29/week-capitol-hill-world-ip-day-cybersecurity-hearings-promoting-blockchain-based-innovation/id=108686/

“The order is the likely conclusion to a case that became an important part of the debate on proper venue in patent ca...

04/29/2019

Cray Wins Summary Judgment Against Raytheon Following Successful Venue Transfer Post-TC Heartland

“The order is the likely conclusion to a case that became an important part of the debate on proper venue in patent cases after the U.S. Supreme Court’s decision in TC Heartland.” On April 15, U.S. District Judge William Conley of the Western District of Wisconsin issued an opinion and order in Raytheon Company v. Cray, Inc. granting summary judgment of non-infringement to defendant Cray on two supercomputer patents that had been asserted by Raytheon. [ 1,261 more word ]
https://www.ipwatchdog.com/2019/04/29/cray-wins-summary-judgment-against-raytheon-following-successful-venue-transfer-post-tc-heartland/id=108630/

On April 15, U.S. District Judge William Conley of the Western District of Wisconsin issued an opinion and order in Raytheon Company v. Cray, Inc. granting summary judgment of non-infringement to defendant Cray on two supercomputer patents that had been asserted by Raytheon.

“There is no economic or legal compulsion to preserve today’s specific patent benefits to the detriment of the publi...

04/28/2019

Accelerating Generic Entry: A Proven Solution to the Problem of Prescription Drug Pricing

“There is no economic or legal compulsion to preserve today’s specific patent benefits to the detriment of the public health.” High prescription drug prices and their impact on costs borne by the government in Medicaid, Medicare Part D and other federal programs, is a front burner topic in Washington. The President has committed to reducing the price of prescription drugs, and pressured drug companies to hold the line. [ 1,473 more word ]
https://www.ipwatchdog.com/2019/04/28/accelerating-generic-entry-proven-solution-problem-prescription-drug-pricing/id=108586/

High prescription drug prices and their impact on costs borne by the government in Medicaid, Medicare Part D and other federal programs, is a front burner topic in Washington. Congress could help by reviewing the limits on competitive entry.

A recent case suggests that the attitude of Indian courts toward genetically modified organisms may be shifting. Earlier...

04/27/2019

The Future of Patents on Genetically Modified Organisms in India

A recent case suggests that the attitude of Indian courts toward genetically modified organisms may be shifting. Earlier this year, the Supreme Court of India set aside an order of the division bench of the Delhi High Court that revoked a patent granted on genetically modified cotton, holding that the single bench of the High Court should assess the patentability of the invention after hearing arguments from both sides. [ 1,220 more word ]
https://www.ipwatchdog.com/2019/04/27/future-patents-genetically-modified-organisms-india/id=108582/

Earlier this year, the Supreme Court of India set aside an order of the division bench of the Delhi High Court that revoked a patent granted on genetically modified cotton, holding that the single bench of the High Court should assess the patentability of the invention after hearing arguments from b...

04/26/2019

Other Barks & Bites for Friday, April 26: World IP Day Celebrations, Special 301 Report, and Amazon Helps Identify Patent Infringers

Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in Other Barks & Bites, governments and intellectual property offices around the world celebrate World IP Day; the U.S. Trade Representative releases its most recent Notorious Markets List; TiVo subsidiary Rovi files another patent suit against licensing holdout Comcast; Amazon ramps up program for connecting sellers with lawyers for patent infringement issues; the USPTO seeks public comments on gathering data for SUCCESS Act study; music industry groups submit letter to Copyright Office regarding Mechanical Licensing Collective membership; and weak China data center sales sends Intel stock tumbling by 7.5 percent. [ 1,550 more word ]
https://www.ipwatchdog.com/2019/04/26/other-barks-bites-for-friday-april-26-world-ip-day-celebrations-special-301-report-and-amazon-helps-identify-patent-infringers/id=108636/

This week in Other Barks & Bites, governments and intellectual property offices around the world celebrate World IP Day; the U.S. Trade Representative releases its most recent Notorious Markets List; and more.

The World Intellectual Property Organization (WIPO) established World IP Day (WIPD) 19 years ago to celebrate the day on...

04/26/2019

Reflections on World IP Day: Where We’ve Been and What’s to Come

The World Intellectual Property Organization (WIPO) established World IP Day (WIPD) 19 years ago to celebrate the day on which the WIPO Convention entered into force: April 26, 1970. With nearly five decades under its belt, WIPO has had its successes and failures, but there can be no doubt that IP rights are more harmonized now than ever before. This year’s… [ 1,733 more word ]
https://www.ipwatchdog.com/2019/04/26/reflections-on-world-ip-day-where-weve-been-and-whats-to-come/id=108617/

The World Intellectual Property Organization (WIPO) established World IP Day (WIPD) 19 years ago to celebrate the day on which the WIPO Convention entered into force: April 26, 1970.

“Athena Diagnostics Amici Freenome Holdings and Achillon Pharmaceuticals argue that the proper statutory construction ...

04/25/2019

Athena Diagnostics Amici Warn of Harms to Biotech Revolution Under Current Alice/Mayo Framework

“Athena Diagnostics Amici Freenome Holdings and Achillon Pharmaceuticals argue that the proper statutory construction of Section 101 requires a recognition that discoveries are patent eligible subject matter. The language of the statute says that ‘whoever invents or discovers’ a new and useful process, machine, manufacture or composition of matter may obtain a patent.” April 22 was the deadline for filing… [ 1,645 more word ]
https://www.ipwatchdog.com/2019/04/25/athena-diagnostics-amici-warn-harms-biotech-revolution-current-alice-mayo-framework/id=108602/

April 22 was the deadline for filing amicus briefs with the Federal Circuit in Athena Diagnostics’ petition for an en banc rehearing. The amicus briefs that have been filed raise concerns about the inability to patent life-saving diagnostic methods.

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