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04/23/2021

Other Barks & Bites for Friday, April 23: Kimberly Moore to Become Chief Judge of CAFC, App Association Applauds Apparent DOJ Action on IEEE Letter, and Supreme Court Hears Arguments in Patent Assignor Estoppel 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 announces that Judge Moore will move into the role of Chief Judge for the appellate court this May; the Ninth Circuit revives a case including claims of reverse trademark infringement against Dropbox; HPE, Facebook and Microsoft announce a Low-Carbon Patent Pledge to increase innovator access to patented climate change mitigation technologies; the App Association issues a press release supporting the Department of Justice’s apparent restoration of Obama-era interpretations of FRAND policy for SEP licensing; Ericsson earnings show that the company’s increasing 5G infrastructure sales are helping offset lost patent royalty revenue from Samsung; Judge Roumel orders costs and attorney’s fees against the U.S....

https://www.ipwatchdog.com/2021/04/23/other-barks-bites-for-friday-april-23-kimberly-moore-to-become-chief-judge-of-cafc-app-association-applauds-apparent-doj-action-on-ieee-letter-and-supreme-court-hears-arguments-in-patent-assigno/id=132704/

This week in Other Barks & Bites: the Federal Circuit announces that Judge Moore will move into the role of Chief Judge for the appellate court this May; the App Association issues a press release supporting the DOJ's apparent restoration of Obama-era interpretations of FRAND policy for SEP licensin...

04/23/2021

www.ipwatchdog.com

“Which valuation methods the Ericsson v. Samsung court will use remains to be seen. That it will be possible to determine the value of SEPs is, however, not debatable…. With a wealth of experience in court-determined (F)RAND royalty rates, the U.S. court is certainly equipped to perform this assessment.” As the battle over the adequate forum for Ericsson v. Samsung…...

https://www.ipwatchdog.com/2021/04/23/standard-essential-patent-valuation-perspective-ericsson-v-samsung/id=132466/

04/22/2021

PTAB Masters™ Day Four Features Judge Michel on How the PTAB is Working: ‘When Facts Change, Views Should Change’

“The doctrine of obviousness is supposed to ultimately be a question of law, and not deferentially reviewed on appeal, but reviewed de novo. As far as I can discern, the Federal Circuit has basically jettisoned the final part of the assessment, and if they conclude that substantial evidence supports the underlying fact findings of the Board, the case is over, they affirm and the affirmance rate is something north of 90%.” - Judge Paul Michel…...

https://www.ipwatchdog.com/2021/04/22/ptab-masters-day-four-judge-michel-facts-change-views-change/id=132637/

The final day of IPWatchdog’s PTAB Masters™ 2021 program kicked off with more than 1,070 registrants and a discussion featuring retired Federal Circuit Chief Judge Paul Michel, Meredith Addy of AddyHart, and IPWatchdog Founder and CEO Gene Quinn.

04/22/2021

How Will the $2.18 Billion Verdict in VLSI Technologies v. Intel Impact Future Patent Valuations?

“The verdict will likely embolden other patentees/plaintiffs to seek similarly large damages award in patent lawsuits…. Indeed, VLSI itself sought an additional $3.1 billion in damages from Intel in a second jury trial, although in that case the jury ultimately sided with Intel. Commentators, however, generally agree that the large VLSI verdict is unlikely to survive challenge on appeal.” VLSI Technology, originally an integrated circuit manufacturer in the 1990s, is today a non-practicing, patent-owning entity, an affiliate of Fortress Investment Group....

https://www.ipwatchdog.com/2021/04/22/will-2-18-billion-verdict-vlsi-technologies-v-intel-impact-future-patent-valuations/id=132596/

The obvious short-term result of the $2.18 billion damages verdict in VLSI v. Intel is that it will likely embolden other patentees/plaintiffs to seek similarly large damages award in patent lawsuits.

04/22/2021

Jim Burton Named Vice President of Sales at IPWatchdog

IPWatchdog is pleased to announce that Jim Burton, a veteran of the technology-based services industry, has become the new Vice President of Sales for IPWatchdog, Inc. Jim is no stranger to the legal world. Jim has more than twenty-five years’ experience working with pharmaceutical, energy telecommunications, manufacturing and technology companies and their outside counsel. Since graduating from the University of Richmond’s T.C....

https://www.ipwatchdog.com/2021/04/22/jim-burton-named-vice-president-sales-ipwatchdog/id=132501/

IPWatchdog is pleased to announce that Jim Burton, a veteran of the technology-based services industry, has become the new Vice President of Sales for IPWatchdog, Inc.

04/22/2021

Non-Fungible Tokens Force a Copyright Reckoning

“NFTs may actually mark the new era in online content; an era where we eventually see every digital copy tagged with a serial number to trace and prosecute counterfeiting." From the advent of the internet, digital commodities and technologies have ceaselessly presented new hurdles for intellectual property (IP) owners and protectors. The cycle of copyright law trying, and generally failing, to adapt and keep pace with emerging technology has meant copyright stakeholders have been always at a disadvantage because legal enforcement lagged so far behind innovative infringement....

https://www.ipwatchdog.com/2021/04/22/non-fungible-tokens-force-a-copyright-reckoning/id=132435/

During a year in which vast swaths of life moved online, the internet has forged and driven to prominence a powerful new tool for protecting copyright owners’ unique assets: the non-fungible token (NFT).

04/21/2021

Justices Lean Toward Limiting, Not Eliminating, Assignor Estoppel Doctrine in Minerva v. Hologic

“A retrospective change would mean a windfall for assignors and radically undercutting the return on the deal for a quarter century's worth of assignees.” – Matthew Wolf, arguing for Hologic The U.S. Supreme Court heard oral arguments today in Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC, a case that essentially asks the Court to decide whether the doctrine of “assignor estoppel”—which bars the assignor of a patent from later attacking the patent’s validity—should be scrapped, retained or limited....

https://www.ipwatchdog.com/2021/04/21/justices-lean-toward-limiting-not-eliminating-assignor-estoppel-doctrine-minerva-v-hologic/id=132561/

The U.S. Supreme Court heard oral arguments today in Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC, which essentially asks the Court to decide whether the doctrine of “assignor estoppel” should be scrapped, retained or limited.

04/21/2021

www.ipwatchdog.com

The U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB) had a light week, with 23 patent filings, all inter partes reviews (IPRs), including a host of Volkswagen IPR petitions filed against apparent Stratosaudio, Inc. making up the biggest single chunk. Amneal provoked, and has now received, an abbreviated new drug application (ANDA) suit by CMP Development over their Orange Book-listed CaroSpir® products and potential generic challenge; Lenovo had some Interdigital IPRs denied, some granted, this week, and Google filed IPRs against another Dominion Harbor subsidiary, Soverign Peak Ventures, LLC....

https://www.ipwatchdog.com/2021/04/21/patent-filings-roundup-costco-drones-district-court-j-quiet-storm-vector-capital-continues-cash-chip-assertions/id=132549/

04/21/2021

Tillis Tells PTAB Masters Day Three Attendees Congress Should Codify Iancu’s Reforms

Senator Thom Tillis (R-NC) told PTAB Masters attendees earlier today Congress should codify Iancu’s PTO Reforms, saying "Andrei’s leadership is the gold standard that any future director must adhere to."

https://www.ipwatchdog.com/2021/04/21/tillis-tells-ptab-masters-day-three-attendees-congress-codify-iancus-reforms/id=132506/

In his keynote video address to PTAB Masters participants today, Senator Thom Tillis (R-NC) championed the record of former USPTO Director Andrei Iancu, and said that Iancu’s successful attempts to address many of the complaints with the PTAB during his tenure should be codified into U.S. law.

04/21/2021

The mRNA IP and Competitive Landscape: Translate BIO; Arcturus; eTheRNA and Other Startups; and LNP Technology (Part II)

“Moderna lost its IPR against the ‘069 patent directed to Arbutus’s LNP delivery technology. That ruling is currently on appeal before the Federal Circuit and Moderna has nonetheless indicated that it has developed its own LNP delivery technology and does not need Arbutus’s technology” In Part I of this three-part series, we focused on three mRNA technology market players: BioNTech, Moderna and CureVac....

https://www.ipwatchdog.com/2021/04/21/mrna-ip-competitive-landscape-translate-bio-arcturus-etherna-startups-lnp-technology-part-ii/id=132287/

In Part I of this three-part series, we focused on three market players: BioNTech, Moderna and CureVac. In this second post, we will focus on Translate BIO, Arcturus Therapeutics, and eTheRNA and discuss certain issues relating to liquid nanoparticle (LNP) delivery technology.

04/20/2021

Kappos at PTAB Masters Day 2: PTAB Problems Arose When It Failed to Evolve

“The iteration didn’t happen after a while, even though there were things going on that weren’t fair to patentees,” Kappos said. “It was only more recently, after those issues became abundantly, and then horribly, clear, that the recent leadership came in to fix them.” – David Kappos The second day of IPWatchdog’s PTAB Masters™ 2021: “Winning at the PTAB” featured a keynote interview with former U.S....

https://www.ipwatchdog.com/2021/04/20/kappos-ptab-masters-day-2-ptab-problems-arose-failed-evolve/id=132486/

The second day of IPWatchdog’s PTAB Masters™ 2021: “Winning at the PTAB” featured a keynote interview with former U.S. Patent and Trademark Office (USPTO) Director David Kappos, who was at the helm of the agency when the America Invents Act (AIA) was passed.

04/20/2021

5G RAN Developments: Landscape and Liability

“The large number and diverse ownership of 5G RAN SEPs should encourage a frenzy of monetization activity. Questions of primary and secondary infringement will, however, require careful consideration.” Changes in the 5G radio access network (RAN) are likely to increase interest in monetizing patents essential to RAN equipment and operations (RAN SEPs). One of these changes is the significant increase in the volumes of equipment like radio units (RUs) expected over the next decade....

https://www.ipwatchdog.com/2021/04/20/5g-ran-developments-landscape-liability/id=132361/

Changes in the 5G radio access network (RAN) are likely to increase interest in monetizing patents essential to RAN equipment and operations (RAN SEPs). One of these changes is the significant increase in the volumes of equipment like radio units (RUs) expected over the next decade.

04/20/2021

CAFC Clarifies Section 103 Prior Art Enablement Requirement, Reverses PTAB Obviousness Finding

“[I]n the absence of other supporting evidence to enable the claimed invention, a standalone Section 103 reference must enable the portions of its disclosure relied upon to support an obviousness finding.” Last week, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed an inter partes review (IPR) decision from the U.S. Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB) in…...

https://www.ipwatchdog.com/2021/04/20/cafc-clarifies-section-103-prior-art-enablement-requirement-reverses-ptab-obviousness-finding/id=132447/

Last week, the Federal Circuit reversed an inter partes review decision from the Patent Trial and Appeal Board in Raytheon Technologies Corporation (Raytheon) v. General Electric Company (GE).

04/20/2021

The Northern California Offices of Squire Patton Boggs Are Seeking a Patent Associate or Agent - IPWatchdog.com | Patents & Patent Law

The Northern California offices of Squire Patton Boggs are seeking a Patent Associate or Agent with a minimum of four years of experience to join our Intellectual Property and Technology practice. Candidates throughout the US with a degree in chemistry or biochemistry with an emphasis on chemistry will be considered. This is a full-time, permanent position. Responsibilities: Responsibilities will include mid-level patent attorney work such as drafting, filing, and prosecuting US patent applications, managing and coordinating international patent application strategies, preparing patentability, non-infringement, and invalidity opinions, and overall intellectual property counseling....

https://www.ipwatchdog.com/2021/04/20/the-northern-california-offices-of-squire-patton-boggs-are-seeking-a-patent-associate-or-agent/id=132418/

The Northern California offices of Squire Patton Boggs are seeking a Patent Associate or Agent with a minimum of four years of experience to join our Intellectual Property and Technology practice. Candidates throughout the US with a degree in chemistry or biochemistry with an emphasis on chemistry w...

04/19/2021

EPO Opposition Division Upholds NuCana Patent on Gilead’s Sovaldi, Highlighting Potential Flaws of CAFC Ruling in Gilead/Idenix

“These statements from the OD should come as a breath of fresh air to pharmaceutical innovators who rely on Markush claims, and are contrary to a proposed unascertainable burden to provide the synthesis of every included compound. Chemistry has proceeded by analogy for hundreds of years, and in fact, forms the bedrock for normal chemical practice and progression.” Note: The author represents NuCana on selected matters....

https://www.ipwatchdog.com/2021/04/19/epo-opposition-division-upholds-nucana-patent-gileads-sovaldi-highlighting-potential-flaws-cafc-ruling-gilead-idenix/id=132430/

On April 7, 2021, the European Patent Office (EPO) Opposition Division (OD) issued a comprehensive written decision in the Opposition by Gilead Sciences, Inc. against NuCana plc’s European Patent No. B-2 955 190, upholding amended compound claims that include Gilead’s blockbuster hepatitis C dru...

04/19/2021

PTAB Masters 2021, Day One: How Iancu Tried to Repair a ‘Damaged Brand’

"You try to put the pendulum right in the middle. My priority was to maximize innovation. Different people will always have different points of view on that question. I do think we’re much closer to balance than we have been." - Andrei Iancu While steps taken under former U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu to restore equilibrium at the Patent Trial and Appeal Board (PTAB) have improved a bad situation to some extent, in many ways the damage has been done, said IPWatchdog founder and CEO Gene Quinn during a keynote interview with Iancu earlier today, on…...

https://www.ipwatchdog.com/2021/04/19/ptab-masters-2021-day-one-how-iancu-tried-repair-a-damaged-brand/id=132422/

While steps taken under former USPTO Director Andrei Iancu to restore equilibrium at the PTAB have improved a bad situation to some extent, in many ways the damage has been done, said IPWatchdog founder and CEO Gene Quinn during day one of the PTAB Masters series.

04/19/2021

This Week in Washington IP: IP Protections for COVID-19 Vaccines, Increasing Inclusivity in the U.S. Patent System and App Store Antitrust Issues

This week in Washington IP news, committees in the House of Representatives will debate ways to increase broadband and mobile Internet infrastructure across rural America, as well as the ARTS Act for waiving certain copyright registration fees. In the Senate, the IP Subcommittee will take a look at tackling inclusivity issues in the U.S. patent system, while the Senate Antitrust Subcommittee will grill representatives from Apple and Google on anticompetitive business practices related to their app stores....

https://www.ipwatchdog.com/2021/04/19/week-washington-ip-ip-protections-covid-19-vaccines-increasing-inclusivity-u-s-patent-system-app-store-antitrust-issues/id=132413/

This week in Washington IP news, the Senate IP Subcommittee will take a look at tackling inclusivity issues in the U.S. patent system, while the Senate Antitrust Subcommittee will grill representatives from Apple and Google on anticompetitive business practices related to their app stores.