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.
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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.

“A decision in Hyatt’s favor could be a signal to other inventors that the current makeup of the Supreme Court might...
04/21/2019
Inventor Asks Supreme Court to Review CAFC Decision on MPEP Rule Allowing Reopening of Examination After Appeal

“A decision in Hyatt’s favor could be a signal to other inventors that the current makeup of the Supreme Court might be more sympathetic to inventors in other cases reaching the nation’s highest court.” On April 10, inventor Gilbert Hyatt and the American Association for Equitable Treatment (AAET) filed a petition for writ of certiorari with the U.S. Supreme Court… [ 1,423 more word ]
https://www.ipwatchdog.com/2019/04/21/inventor-asks-supreme-court-review-cafc-decision-mpep-rule-reopening-examination-appeal/id=108462/

On April 10, inventor Gilbert Hyatt and the American Association for Equitable Treatment (AAET) filed a petition for writ of certiorari with the U.S. Supreme Court asking the Court to review a Federal Circuit case that struck down an Administrative Procedures Act (APA) claim brought by the petitione...

“Despite being illegal under federal law, the USPTO has been issuing utility patents directed to cannabis-related inve...
04/20/2019
California’s Complex Cannabis Industry: An Entrepreneur’s Guide

“Despite being illegal under federal law, the USPTO has been issuing utility patents directed to cannabis-related inventions for decades.” As of now, ten states have legalized recreational cannabis. Twenty-one other states allow medicinal use of cannabis, many of which are expected to legalize recreational cannabis in the near future. Investors have sunk an estimated $10 billion into cannabis-related businesses in 2018, an amount that is expected to reach $16 billion this year. [ 1,104 more word ]
https://www.ipwatchdog.com/2019/04/20/californias-complex-cannabis-industry-entrepreneurs-guide/id=108451/

Would be investors in the California cannabis market often find themselves in a maze of complicated and changing licensing rules and regulations, banking challenges and uncertainties, choice of the appropriate business structure, and protection of potential intellectual property.

Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in...
04/19/2019
Other Barks and Bites for Friday, April 19: Qualcomm Stock Soars Following Settlement with Apple, Supreme Court Cert Denials, and Trademark Suit Filings Up in Q1

Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in Other Barks & Bites: Qualcomm stock soars 20% after settling patent litigation with Apple; the U.S. Supreme Court denies certiorari in two separate patent cases involving sovereign immunity and Section 101 invalidity determinations at the pleadings stage; the Second Circuit reopens a copyright case involving the former collage-making website Polyvore; “Lady Marmalade” songwriter seeks $20 million for unauthorized sale of music rights; a U.S. [ 1,572 more word ]
https://www.ipwatchdog.com/2019/04/19/barks-bites-friday-april-19-qualcomm-stock-soars-following-settlement-apple-supreme-court-cert-denials-trademark-suit-filings-q1/id=108456/

This week in Other Barks & Bites: Qualcomm stock soars 20% after settling patent litigation with Apple; the U.S. Supreme Court denies certiorari in two separate patent cases involving sovereign immunity and Section 101 invalidity determinations at the pleadings stage; and more.

"Effective advocacy is not limited to legal documents filed in court or an administrative appeal.... The best way you ca...
04/19/2019
How to Be an Effective Advocate When Responding To Examiners

"Effective advocacy is not limited to legal documents filed in court or an administrative appeal.... The best way you can help the examiner is by getting to the point." You're a patent prosecutor. You've just received an office action. The examiner has rejected your claims. You think the examiner got it wrong. On the technical issues, it looks like the examiner is off base, pointing out elements in the prior art that aren't really there, and finding motivation based upon the flimsiest bases. [ 1,862 more word ]
https://www.ipwatchdog.com/2019/04/19/effective-advocate-responding-examiners/id=108340/

Effective advocacy is not limited to legal documents filed in court or an administrative appeal. Even when you are arguing to an examiner, your arguments can be made more effective by the manner in which those arguments are presented.

Earlier this week, we reported on Lori Cheek, an independent inventor and founder of Cheekd, who is defending herself fo...
04/18/2019
Cheekd Follow-Up: Pirri Responds, Cheek Implores Nadler to Help Curb U.S. Patent Abuses

Earlier this week, we reported on Lori Cheek, an independent inventor and founder of Cheekd, who is defending herself for the second time against accusations brought by Alfred Pirri, Jr. of fraud and misappropriation of trade secrets, among other claims, and who feels like the U.S. patent and legal systems have done her few favors thus far. Following publication of the article, Pirri’s lawyer, … [ 749 more words ]
https://www.ipwatchdog.com/2019/04/18/cheekd-follow-pirri-responds-cheek-implores-nadler-help-curb-u-s-patent-abuses/id=108436/

Earlier this week we reported on Lori Cheek, an independent inventor who is defending herself for the second time against accusations of fraud and misappropriation of trade secrets, among other claims. Following publication of the article, Pirri’s lawyer sent a letter to IPWatchdog providing his s...

“Patent owners, particularly those who lost their patents at the hands of challenges brought by Apple in petitions whe...
04/17/2019
A Story of Ethics and Optics: Former PTAB Judge Matt Clements Now Works for Apple

“Patent owners, particularly those who lost their patents at the hands of challenges brought by Apple in petitions where Clements participated on the panel, will rightly ask whether the entire process was a charade.” Optics: “1: a science that deals with the genesis and propagation of light… or 2: the aspects of an action, policy, or decision (as in politics or business) that relate to public perceptions).” [ 738 more words ]
http://www.ipwatchdog.com/2019/04/17/story-ethics-optics-former-ptab-judge-matt-clements-now-works-apple/id=108354/

IPWatchdog recently learned that Apple has hired former PTAB Judge Matt Clements. Although Clements’ LinkedIn profile does not reflect the fact that he has left the PTAB as of this writing, a search of the California State Bar Attorneys Roster clearly identifies him as being employed by Apple.

“I just hope that whatever the ultimate statutory language is, it is very carefully limited and narrowly tailored; and...
04/17/2019
Change May Be Coming: Members of Congress Release Framework to Fix Patent Eligibility Law

“I just hope that whatever the ultimate statutory language is, it is very carefully limited and narrowly tailored; and I must confess that it worries me a little that the framework says that reciting generic language won’t be enough to save an otherwise ineligible claim.” - Gene Quinn In a promising indication that there is real momentum on The Hill to fix Section 101 law, several Senators and Representatives today proposed a framework for addressing 101-related patent reform. [ 533 more words ]
https://www.ipwatchdog.com/2019/04/17/change-may-coming-members-congress-release-framework-fix-patent-eligibility-law/id=108371/

In a promising indication that there is real momentum on The Hill to fix Section 101 law, several Senators and Representatives today proposed a framework for addressing 101-related patent reform.

In Iancu v. Brunetti (Case No. 18-302), the United States Patent and Trademark Office (USPTO) is appealing to the Suprem...
04/17/2019
Iancu v. Brunetti: Lawyers Weigh In On Fate of Scandalous Trademarks

In Iancu v. Brunetti (Case No. 18-302), the United States Patent and Trademark Office (USPTO) is appealing to the Supreme Court from a U.S. Court of Appeals for the Federal Circuit decision that held the Lanham Act’s prohibition on “immoral” or “scandalous” marks violates the First Amendment’s free speech clause. The case is the second in two years that the High Court has taken on the subject, and was argued on Monday, April 15. [ 974 more words ]
https://www.ipwatchdog.com/2019/04/17/iancu-v-brunetti-lawyers-weigh-fate-scandalous-trademarks/id=108362/

Industry experts provide perspective on the oral argument in Iancu v. Brunetti.

"In the course of its opinion in SAP America, Inc. v. InvestPic, LLC, the Federal Circuit created a 'physical realm' tes...
04/17/2019
Invest Pic v. SAP America, Inc. Amicus Brief Takes on CAFC’s “Physical Realm” Test

"In the course of its opinion in SAP America, Inc. v. InvestPic, LLC, the Federal Circuit created a 'physical realm' test, which is nowhere to be found in 35 U.S. Code Section 101, having been wholly conjured by judges." Among the eight amicus curiae briefs filed Monday with the U.S. Supreme Court in InvestPic, LLC, v. SAP America, Inc. [ 374 more words ]
http://www.ipwatchdog.com/2019/04/17/invest-pic-v-sap-america-inc-amicus-brief-takes-cafcs-physical-realm-test/id=108346/

Among the eight amicus curiae briefs filed Monday with the Supreme Court in InvestPic, LLC, v. SAP America, Inc., Eagle Forum Education & Legal Defense Fund’s brief argues that the case demands a hearing because the CAFC has added yet another extra-statutory test to the already distorted patentabi...

“The government ran into two headwinds from the outset. One was the sweeping breadth of the statute. The other was the...
04/16/2019
Tam 2.0? SCOTUS Likely to Strike Down Bar on Immoral/Scandalous Marks in Iancu v. Brunetti

“The government ran into two headwinds from the outset. One was the sweeping breadth of the statute. The other was the USPTO’s long history of granting registration to some profane or sexually themed marks but not others, seemingly without rhyme or reason .” Following our visit to the Supreme Court for Monday’s entertaining oral argument in Iancu v. Brunetti, we can report that the Court seems likely to strike down, on First Amendment grounds, the statutory restriction on federal registration of trademarks that are “immoral or scandalous.” It seems less likely that the case will generate a clear and ringing statement of First Amendment principles. [ 2,031 more words ]
https://www.ipwatchdog.com/2019/04/16/tam-2-0-scotus-likely-strike-bar-immoral-scandalous-marks-iancu-v-brunetti/id=108350/

Following our visit to the Supreme Court for Monday’s entertaining oral argument in Iancu v. Brunetti, we can report that the Court seems likely to strike down, on First Amendment grounds, the statutory restriction on federal registration of trademarks that are “immoral or scandalous.”

"After all I’ve been through, I just don’t want to have to shut this operation down because of this man who saw me o...
04/16/2019
How U.S. Patent and Litigation Abuse Can Deter Small Inventors: The Story of Cheekd

"After all I’ve been through, I just don’t want to have to shut this operation down because of this man who saw me on a reality TV show. At this point, I wish I’d never filed for this patent." - Lori Cheek In one more example of ways the U.S. patent system can be stacked against the small inventor, we have the story of… [ 1,494 more word ]
https://www.ipwatchdog.com/2019/04/16/u-s-patent-litigation-abuse-can-deter-small-inventors-story-cheekd/id=108328/

In one more example of ways the U.S. patent system can be stacked against the small inventor, we have the story of Lori Cheek, who more than ten years ago had an idea for a unique dating service that she dubbed Cheekd.

“The Federal Circuit ordered a new trial on the finding of willful patent infringement, in part because it was impossi...
04/15/2019
Federal Circuit Vacates and Remands District Court's Infringement and Willfulness Findings in Omega Patents v. CalAmp

“The Federal Circuit ordered a new trial on the finding of willful patent infringement, in part because it was impossible to determine from the record which patents or patent claims were judged to be willfully infringed.” On April 8, the Court of Appeals for the Federal Circuit issued a precedential decision in Omega Patents, LLC v. CalAmp Corp. that affirmed-in-part, reversed-in-part, vacated-in-part and remanded a district court’s ruling that CalAmp had directly infringed certain patent claims asserted by Omega. [ 1,353 more word ]
https://www.ipwatchdog.com/2019/04/15/federal-circuit-vacates-remands-district-court-infringement-willfullness-findings-omega-calamp/id=108312/

On April 8, the Court of Appeals for the Federal Circuit issued a precedential decision in Omega Patents, LLC v. CalAmp Corp. that reversed and vacated a district court’s ruling that CalAmp had directly infringed certain patent claims asserted by Omega.

This week on Capitol Hill, both the U.S. House of Representatives and the U.S. Senate are quiet for the next two weeks a...
04/15/2019
This Week in D.C.: Iancu v. Brunetti, Think Tanks Discuss Data Privacy, Government Regulation of Social Media Content, Carbon Capture Innovations

This week on Capitol Hill, both the U.S. House of Representatives and the U.S. Senate are quiet for the next two weeks as the House enters district work periods and the Senate holds state work periods. However, various policy institutes around the nation’s capital continue to host events related to technology and innovation, and the Supreme Court will hear oral arguments in… [ 1,441 more word ]
https://www.ipwatchdog.com/2019/04/15/week-dc-iancu-brunetti-think-tanks-discuss-data-privacy-government-regulation-social-media-content-carbon-capture-innovations/id=108292/

This week on Capitol Hill, both the House of Representatives and the Senate are quiet as the House enters district work periods and the Senate holds state work periods. However, policy institutes will host events related to tech and innovation, and the Supreme Court will hear oral arguments in Iancu...

"There is a strong correlation between the value of a patent and the likelihood that the technology it describes is inst...
04/15/2019
Matching Patents to Products: Determining Which Patents Will Be Implemented in Real-World Commercial Products

"There is a strong correlation between the value of a patent and the likelihood that the technology it describes is instantiated in real-world commercial products." An important part of any patent portfolio manager’s work is to understand which patents are likely to be implemented in real-world technology. We can think of the process of matching patents to products as having three levels of progressively precise analysis. [ 828 more words ]
https://www.ipwatchdog.com/2019/04/15/matching-patents-products-determining-patents-will-implemented-real-world-commercial-products/id=108266/

An important part of any patent portfolio manager’s work is to understand which patents are likely to be implemented in real-world technology. We can think of the process of matching patents to products as having three levels of progressively precise analysis.

“According to a 2016 report, about 66% of clinical decisions are based on guidance provided by in vitro diagnostic tes...
04/14/2019
Patent Eligibility of Medical Diagnostics Inventions: Where Are We Now, and Where Are We Headed?

“According to a 2016 report, about 66% of clinical decisions are based on guidance provided by in vitro diagnostic tests. Disincentives to the development of new diagnostic tests are therefore not in the public interest.” In each of the recent Federal Circuit decisions on medical diagnostics inventions, Athena Diagnostics v. Mayo Collaborative Services, 2017-2508, (Fed. Cir. Feb. 6, 2019) (“ [ 2,915 more words ]
https://www.ipwatchdog.com/2019/04/14/patent-eligibility-of-medical-diagnostics-inventions-where-are-we-now-and-where-is-there-to-go/id=108263/

In Athena Diagnostics v. Mayo Collaborative Services and Cleveland Clinic Found. v. True Health Diagnostics, the Federal Circuit affirmed a district court ruling that found a medical diagnostic or a related patent invalid for being directed to ineligible subject matter.

"Arguably most important, the company should have a written policy in place stating that any research and development ma...
04/13/2019
Infringement and Validity Opinions Prepared In-House

"Arguably most important, the company should have a written policy in place stating that any research and development managers and managing executives are not permitted to have a role of any kind in writing the opinion." A company must be strategic in any business decision it makes in order to ensure that it takes the necessary measures to avoid liability for its actions. [ 1,312 more word ]
https://www.ipwatchdog.com/2019/04/13/infringement-validity-opinions-prepared-inhouse/id=108253/

With respect to patent infringement, and specifically willful patent infringement, the different approaches to determining which measures to take and when to take such measures have been repeatedly challenged in light of a number of court decisions in recent years.

Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in...
04/12/2019
Other Barks & Bites for Friday, April 12: Global Music Copyright Revenues Up, Copyright Office Examines Online Infringement Issues, and China's 'Reverse Patent Troll' Problem

Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in other IP news, recently released data shows that worldwide revenues for music copyright exceeded $28 billion in 2017, up $2 billion over 2016; reports surface about the “reverse patent trolling” issue in China; Google retains Williams & Connolly for Supreme Court battle with Oracle despite Shanmugam exit; the Copyright Office holds roundtable discussions on detecting online copyright infringement; Twitter takes down a tweet from President Donald Trump after a copyright complaint; “KINKEDIN” trademark for computer dating site successfully opposed in the UK by LinkedIn; EU antitrust regulators are petitioned to look into Nokia patent licensing practices; and loss of patent exclusivity leads to major job cuts at Gilead Sciences. [ 1,161 more word ]
http://www.ipwatchdog.com/2019/04/12/other-barks-bites-friday-april-12-global-music-copyright-revenues-up-copyright-office-examines-online-infringement-issues-china-reverse-patent-troll-problem/id=108239/

This week in Other Barks & Bites, recently released data shows that worldwide revenues for music copyright exceeded $28 billion in 2017, up $2 billion over 2016; reports surface about the “reverse patent trolling” issue in China; and more.

“While the questions asked by the Senators are very good, they could have, and probably should have, specifically enco...
04/12/2019
Tillis/Coons Letter Underscores That More Can Be Done to Save the U.S. Patent System

“While the questions asked by the Senators are very good, they could have, and probably should have, specifically encouraged Director Iancu to do something to adopt the Federal Circuit view of who is a real-party-in-interest.” Senators Thom Tillis (R-NC) and Chris Coons (D-DE) have written U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu raising a concern about what can really only fairly be characterized as the weaponization of the Patent Trial and Appeal Board (PTAB). [ 1,096 more word ]
https://www.ipwatchdog.com/2019/04/12/tillis-coons-letter-underscores-that-more-can-be-done-to-save-the-u-s-patent-system/id=108180/

Senators Thom Tillis (R-NC) and Chris Coons (D-DE) have written USPTO Director Andrei Iancu raising a concern about what can really only fairly be characterized as the weaponization of the PTAB, although the USPTO has vehemently disagreed with that characterization over the years.

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