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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.
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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.

“Although patent jury trials have trended toward the same fate as dinosaurs over the last several years, unlike dinosaur...

01/10/2020

Top Tips for Trying Your First (or Next) Patent Jury Trial

“Although patent jury trials have trended toward the same fate as dinosaurs over the last several years, unlike dinosaurs, patent jury trials are not extinct. The craft of trying patent cases remains essential for those cases decided by the ladies and gentlemen of the jury.” Writing about tips for trying patent jury trials is, in some ways, like teaching skills for hunting dinosaurs. [ 1,786 more word ]
https://www.ipwatchdog.com/2020/01/10/top-tips-trying-first-next-patent-jury-trial/id=117698/

Writing about tips for trying patent jury trials is, in some ways, like teaching skills for hunting dinosaurs. To start, patent jury trials are challenging, but patent jury trials have also trended toward the same fate as dinosaurs over the last several years.

“While the Arthrex panel relied upon several Supreme Court cases to reach the determination that APJs are principal offi...

01/09/2020

Arthrex Update: With Responses Due Next Week, Amici Urge Full Federal Circuit to Grant Rehearing

“While the Arthrex panel relied upon several Supreme Court cases to reach the determination that APJs are principal officers, each of the SCOTUS decisions relied upon concluded that the officers in question were inferior officers. Only one case... provided any authority for finding that APJs were principal officers.” – brief of NYIPLA In December, petitions for rehearing were filed at the U.S. [ 1,256 more word ]
https://www.ipwatchdog.com/2020/01/09/arthrex-update-amici-urge-full-federal-circuit-grant-petitions-rehear-arthrex/id=117714/

On January 3, Federal Circuit Clerk Peter Marksteiner informed the parties in Arthrex, Inc. v. Smith & Nephew, Inc. that they could file a single response to the petitions for rehearing. Two parties have also filed amicus briefs in the case.

“The rational actor model rests on one major economic principle and insight: the success and evolution of institutions (...

01/09/2020

Changing the Presumption: Shifting U.S. Patent Policy From a ‘Bad Actor’ to ‘Rational Actor’ Model (Part II of II)

“The rational actor model rests on one major economic principle and insight: the success and evolution of institutions (patent litigation in this case) rise and fall with one primary factor—transactional costs.” In Part I of this article, we discussed the underpinnings of U.S. patent policy today: the fundamental assumption that our patent problems stem from a bad actor (patent troll) that takes advantage of the system. [ 1,379 more word ]
https://www.ipwatchdog.com/2020/01/09/changing-presumption-shifting-u-s-patent-policy-bad-actor-rational-actor-model-part-ii-ii/id=117624/

In Part II of this series, we’ll discuss how the ideology of the bad actor came to be, how a rational actor model provides a more realistic framework, and how we can use economic underpinnings of a rational actor to create an economically rooted patent policy.

As ICANN develops a permanent policy solution to ensure its “Look Up” system remains consistent with the rules of the Eu...

01/09/2020

At a Crossroads: Developing a Standardized Access System to Domain Name Registration Data

As ICANN develops a permanent policy solution to ensure its “Look Up” system remains consistent with the rules of the European Union Global Data Protection Regulation, the IP community should keep a close eye and provide feedback on the new system under design. As the European Union’s landmark Global Data Protection Regulation (GDPR) was set to go into effect in 2018, the Internet Corporation for Assigned Names and Numbers (ICANN) engaged in a series of important, albeit belated, community consultations, with the objective of resolving perceived community concerns with legal compliance of the "Look Up" system (previously called the “WHOIS” system) with data protection laws, such as the GDPR. [ 1,684 more word ]
https://www.ipwatchdog.com/2020/01/09/crossroads-developing-standardized-access-system-domain-name-registration-data/id=117602/

As the EU’s landmark Global Data Protection Regulation was set to go into effect in 2018, ICANN engaged in a series of important, albeit belated, community consultations with the objective of resolving perceived community concerns with legal compliance of the Look Up system with data protections l...

“PTAB appeals are now the largest single component of the Federal Circuit docket, with over 600 appeals docketed in FY20...

01/08/2020

Case Law and Policy Changes in PTAB Practice During 2019

“PTAB appeals are now the largest single component of the Federal Circuit docket, with over 600 appeals docketed in FY2019 – almost double the number of appeals that the Federal Circuit received from District Court patent decisions.” Despite the possibility that the judges of the Patent Trial and Appeal Board (PTAB) may have been unconstitutionally appointed, as held recently by a… [ 1,764 more word ]
https://www.ipwatchdog.com/2020/01/08/case-law-policy-changes-ptab-practice-2019/id=117634/

Despite the possibility that the judges of the Patent Trial and Appeal Board (PTAB) may have been unconstitutionally appointed, as held recently by a Federal Circuit panel, a lot happened at the PTAB in 2019.

“I have tried to do the right thing even if it was not popular at the time, with the idea that if it was right, then any...

01/08/2020

Retired USPTO Commissioner for Trademarks Mary Boney Denison Recounts Her Career and the Challenges Ahead for the Office

“I have tried to do the right thing even if it was not popular at the time, with the idea that if it was right, then any criticism would ultimately fall away, and everything would work out.” - Mary Boney Denison On December 31, the United States Patent and Trademark Office’s (USPTO’s) Commissioner for Trademarks, Mary Boney Denison, retired from her position with the agency. [ 2,363 more words ]
https://www.ipwatchdog.com/2020/01/08/retired-uspto-commissioner-trademarks-mary-boney-denison-recounts-career-challenges-ahead-office/id=117658/

In late December, IP Watchdog had the opportunity to interview now retired USPTO Commisisoner for Trademarks Mary Boney Denison Denison about her career and her accomplishments at the USPTO.

01/08/2020

IPWatchdog is Seeking a Staff Writer

IPWatchdog is seeking a staff writer to assist with news coverage as we continue to expand. Job Description We are looking for a consistent and enthusiastic staff writer to join the editorial team of IPWatchdog. The staff writer will report to the editor-in-chief. This is a remote position and can be in either a part-time or full-time capacity. As a staff writer, you will both propose ideas for articles and accept regular assignments. [ 246 more words ]
https://www.ipwatchdog.com/2020/01/08/ipwatchdog-seeking-staff-writer-assist-news-coverage-continue-expand/id=117683/

IPWatchdog is seeking a staff writer to assist with news coverage as we continue to expand.

“Despite hopes for improvement, our patent policy aimed to thwart a bad actor will inevitably fail and cripple our paten...

01/08/2020

Changing the Presumption: Shifting U.S. Patent Policy From a ‘Bad Actor’ to ‘Rational Actor’ Model (Part I of II)

“Despite hopes for improvement, our patent policy aimed to thwart a bad actor will inevitably fail and cripple our patent system, because it misidentifies the problem with our patent system and is inapposite to sound economic policy.” Since the Supreme Court’s Alice decision in 2014, the Judiciary’s development of 101 law has caused such an upheaval, Congress may need to intervene. [ 1,447 more word ]
https://www.ipwatchdog.com/2020/01/08/changing-presumption-shifting-u-s-patent-policy-bad-actor-rational-actor-model-part-ii/id=117616/

Under a single-minded bad actor presumption, the Judiciary and Congress have framed our patent policy to increase roadblocks for bad actors. If we switch our patent policy principles to a rational actor model, we can begin to understand our patent system from a foundation rooted in economics.

“In these circumstances, there is a clear reason for a skilled artisan, knowing of the return-to-default option, to try ...

01/07/2020

CAFC Reverses PTAB Non-Obviousness Decision in Finding for Google

“In these circumstances, there is a clear reason for a skilled artisan, knowing of the return-to-default option, to try that option. And there is no finding or argument that success would be in doubt . . .or that unexpected results would be produced.” On January 6, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed the Patent Trial and Appeal Board’s (PTAB) decision… [ 894 more words ]
https://www.ipwatchdog.com/2020/01/07/cafc-reverses-ptab-non-obviousness-decision-finding-google/id=117675/

On January 6, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed the Patent Trial and Appeal Board’s (PTAB) decision that Google failed to prove Koninklijke Philips’ (Philips) U.S. Patent No. RE44,913 (the ‘913 patent) obvious.

“The removal of IP protections for biologics takes us backwards.” – Senator Pat Toomey The United States Senate Finance ...

01/07/2020

USMCA Takes Another Step Forward in 25-3 Senate Committee Vote

“The removal of IP protections for biologics takes us backwards.” – Senator Pat Toomey The United States Senate Finance Committee today considered the U.S.-Mexico-Canada Agreement (USMCA) in an Open Executive Session and voted 25 to 3 to move the bill forward. The USMCA enjoys wide bipartisan support, but Senators Pat Toomey (R-PA), Bill Cassidy (R-LA) and Sheldon Whitehouse (D-RI) voted against the bill. [ 592 more words ]
https://www.ipwatchdog.com/2020/01/07/usmca-takes-another-step-forward-in-25-3-senate-committee-vote/id=117663/

The United States Senate Finance Committee today considered the U.S.-Mexico-Canada Agreement (USMCA) in an Open Executive Session and voted 25 to 3 to move the bill forward.

“The Hearing Officer said the Office accepted that DABUS created the inventions in the patent applications, but that as ...

01/07/2020

EPO and UKIPO Refuse AI-Invented Patent Applications

“The Hearing Officer said the Office accepted that DABUS created the inventions in the patent applications, but that as it was a machine and not a natural person, it could not be regarded as an inventor. Moreover, ‘there appears to be no law that allows for the transfer of ownership of the invention from the inventor to the owner in this case, as the inventor itself cannot hold property.’” [ 777 more words ]
https://www.ipwatchdog.com/2020/01/07/epo-ukipo-refuse-ai-invented-patent-applications/id=117648/

The European Patent Office has refused two European patent applications that designated an artificial intelligence called DABUS as the inventor, following a non-public hearing on November 25, 2019.

“The Federal Circuit found that the forum selection clause of the companies’ licensing agreement did limit the ability t...

01/07/2020

Federal Circuit’s Dodocase Vr Decision Provides a Roadmap for Limiting AIA Proceedings

“The Federal Circuit found that the forum selection clause of the companies’ licensing agreement did limit the ability to file an AIA challenge, which took place in a different forum.” If you are a patent owner asserting and licensing your patent, chances are you want to avoid an America Invents Act (AIA) proceeding, whether that proceeding is an Inter Partes Review (IPR), Post Grant Review (PGR) or Covered Business Method Review (CBM). [ 1,155 more word ]
https://www.ipwatchdog.com/2020/01/07/federal-circuits-dodocase-vr-decision-provides-roadmap-limiting-aia-proceedings/id=117599/

No patent owner can be immune from America Invents Act proceedings in the absolute. You cannot stop all routes of attack on your patent, but there is a chance that you can limit your exposure.

In the latest episode of the Clause 8 Podcast with Eli Mazour, we hear from Kevin Jakel, founder and CEO of Unified Pate...

01/07/2020

Clause 8 Podcast Episode 14: Kevin Jakel

In the latest episode of the Clause 8 Podcast with Eli Mazour, we hear from Kevin Jakel, founder and CEO of Unified Patents. Kevin Jakel is the founder and CEO of Unified Patents. Since the passage of the American Invents Act (AIA), Unified Patents has been focused on using AIA’s new post-grant proceedings to challenge patents at the PTAB that are owned by so-called non-practicing entities or “patent trolls.” [ 192 more words ]
https://www.ipwatchdog.com/2020/01/07/episode-14-gene-quinn/id=117610/

Kevin Jakel is the founder and CEO of Unified Patents. Since the passage of the American Invents Act (AIA), Unified Patents has been focused on using AIA’s new post-grant proceedings to challenge patents at the PTAB that are owned by so-called non-practicing entities or “patent trolls.”

This week in Washington D.C., Capitol Hill remains rather quiet as both houses of Congress begin to return from the holi...

01/06/2020

This Week in Washington IP: Voting System Security, USMCA Implementation and Consumer Deception on the Internet

This week in Washington D.C., Capitol Hill remains rather quiet as both houses of Congress begin to return from the holiday recess. However, the House of Representatives will host hearings on forms of Internet deception that are harmful to American consumers as well as cybersecurity issues related to digital voting platforms. In the Senate, the Senate Finance Committee will discuss the implementation of the USMCA, the recently negotiated North American free trade agreement replacing NAFTA, which includes important provisions on intellectual property. [ 788 more words ]
https://www.ipwatchdog.com/2020/01/06/week-washington-ip-voting-system-security-usmca-implementation-consumer-deception-internet/id=117594/

This week in Washington D.C., the House of Representatives will host hearings on forms of Internet deception that are harmful to American consumers as well as cybersecurity issues related to digital voting platforms, and the Senate Finance Committee will discuss the implementation of the USMCA

“Using a puzzle to explain the concept of obviousness is a bit like using the sun to explain the concept of refrigeratio...

01/06/2020

TQ Delta Reminds Me: May We Dispense with the Puzzle Simile?

“Using a puzzle to explain the concept of obviousness is a bit like using the sun to explain the concept of refrigeration. But that is just the start of the problems with the analogy.” In KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), the United States Supreme Court discussed legal principles of obviousness in the patent context. [ 1,543 more word ]
https://www.ipwatchdog.com/2020/01/06/tq-delta-reminds-may-dispense-puzzle-simile/id=117550/

This simile, comparing obviousness analysis to the fitting together of pieces of a puzzle, has been referenced and quoted by a number of trial and appellate courts. May we dispense with this terrible analogy? Although it has at least one redeeming aspect, the puzzle simile does more to confuse than....

IPWatchdog.com seems to have become the largest online intellectual property publication in the world, with 1,632,736 us...

01/05/2020

The State of IPWatchdog

IPWatchdog.com seems to have become the largest online intellectual property publication in the world, with 1,632,736 users in 2019, accounting for 2,678,318 sessions and 3,806,192 pageviews. Last year was a big one for IPWatchdog! In 2019 we celebrated 20 years continuously on the Internet on October 9, with a big celebration at The Park in Washington, DC. We also hired… [ 507 more words ]
https://www.ipwatchdog.com/2020/01/05/the-state-of-ipwatchdog/id=117542/

With everything that has been going on at IPWatchdog, it has been some time since I’ve actually looked at our traffic numbers. I am pleased to report that the success of IPWatchdog.com continues to exceed all reasonable expectations.

Unified Patents is a private, subscription based company which is disrupted the patent market. The team is looking for a...

01/05/2020

Unified Patents is seeking a Director / VP of Sales & Business Development - IPWatchdog.com | Patents & Patent Law

Unified Patents is a private, subscription based company which is disrupted the patent market. The team is looking for a passionate and self-starting individual, preferably with a law degree to join the company as a Director/VP of Sales & Business Development to continue our growth and help enter new markets. Duties to Include: The professional will help grow Unified's business. Will assist in the company’s strategic direction and increased membership activities related to a range of technologies areas and assist with Standard Essential Patents. [ 382 more words ]
https://www.ipwatchdog.com/2020/01/05/unified-patents-seeks-vp-sales-business-development/id=117555/

Unified Patents is looking for a passionate and self-starting individual, preferably with a law degree to join the company as a Director/VP of Sales & Business Development to continue our growth and help enter new markets.

01/04/2020

A Plea for Clarity and a New Approach on Section 101 in 2020

A Plea for Clarity and a New Approach on Section 101 in 2020
https://www.ipwatchdog.com/2020/01/04/plea-clarity-new-approach-section-101-2020/id=117537/

The lack of clarity by the U.S. Supreme Court and the subsequent failure of the Federal Circuit to achieve consistency and predictability in Section 101 jurisprudence, has resulted in the destruction of thousands of patents, especially in the fields of IT, software and life sciences.

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

01/03/2020

Other Barks & Bites, Friday, January 3: USPTO Names Meryl Hershkowitz Acting Commissioner of Trademarks, CAFC Invalidates Zohydro ER Patent Claims, Ninth Circuit Says TTAB Proceedings Don’t Preclude District Court Case

Bites (noun): more meaty news to sink your teeth into. Barks (noun): peripheral noise worth your attention. This week in Other Barks & Bites: the Federal Circuit affirms a district court’s obviousness finding invalidating Persion Pharmaceutical’s liver pain treatment patent; Deputy Trademark Commissioner Meryl Hershkowitz is promoted to Acting Commissioner for Trademarks at the USPTO; Jay Hoffman will begin his new role as Chief Financial Officer at the USPTO on January 6; the Copyright Royalty Board publishes a notice of inquiry on royalties for statutory licenses; the Ninth Circuit finds that TTAB cancellation proceedings don’t preclude claims of trademark infringement in district court; the creators of the children’s cartoon Peppa Pig score a copyright victory in Chinese courts; a New Jersey District Court finds that the SCOTUS decision in… [ 1,383 more word ]
https://www.ipwatchdog.com/2020/01/03/other-barks-bites-friday-january-3-uspto-names-new-cfo-cafc-invalidates-zohydro-er-patent-claims-ninth-circuit-says-ttab-proceedings-dont-preclude-district-court-case/id=117570/

This week in Other Barks & Bites: the CAFC affirms a district court’s obviousness finding invalidating Persion Pharmaceutical’s liver pain treatment patent; Meryl Hershkowitz is promoted to Acting Commissioner for Trademarks at the USPTO; and Jay Hoffman will begin his new role as Chief Financia...

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