Federal Circuit Affirms $95 Million Verdict in E-Cigarette Patent Battle Between Altria and Reynolds
The Altria v. R.J. Reynolds decision clarifies patent damages methodology, specifically in comparable license analysis and apportionment.
From Judge Markey's Promise to Rule 36: We Do Not Just Render One-Worded Decisions
The Supreme Court has an opportunity to address the Federal Circuit's use of no-opinion affirmances in patent appeals.
Federal Circuit Upholds PTAB Win for Patent to Detect Genetic Disorders
The Federal Circuit upheld the PTAB's ruling that Labcorp did not prove the obviousness of Ravgen's DNA sampling patent.
Federal Circuit Emphasizes Role of Filing Dates, Reversing Obviousness-Type Double Patenting Invalidation
The Federal Circuit reversed previous invalidity rulings on key pharmaceutical patents, emphasizing the significance of prosecution delays and patent term extensions.
Federal Circuit Affirms Invalidity of Purdue's OxyContin Patents
The Federal Circuit affirmed the invalidity of Purdue Pharma's OxyContin patents due to obviousness, impacting patent law standards.
The ruling highlights the importance of analyzing inherent properties and known problems in patent obviousness evaluations.
Orange Book Device Patent Listings: Understanding Teva v. Amneal
Federal Circuit clarifies that device patents must claim active ingredients to be listed in the Orange Book.
Federal Circuit Affirms $95 Million Verdict in E-Cigarette Patent Battle Between Altria and Reynolds
The Altria v. R.J. Reynolds decision clarifies patent damages methodology, specifically in comparable license analysis and apportionment.
From Judge Markey's Promise to Rule 36: We Do Not Just Render One-Worded Decisions
The Supreme Court has an opportunity to address the Federal Circuit's use of no-opinion affirmances in patent appeals.
Federal Circuit Upholds PTAB Win for Patent to Detect Genetic Disorders
The Federal Circuit upheld the PTAB's ruling that Labcorp did not prove the obviousness of Ravgen's DNA sampling patent.
Federal Circuit Emphasizes Role of Filing Dates, Reversing Obviousness-Type Double Patenting Invalidation
The Federal Circuit reversed previous invalidity rulings on key pharmaceutical patents, emphasizing the significance of prosecution delays and patent term extensions.
Federal Circuit Affirms Invalidity of Purdue's OxyContin Patents
The Federal Circuit affirmed the invalidity of Purdue Pharma's OxyContin patents due to obviousness, impacting patent law standards.
The ruling highlights the importance of analyzing inherent properties and known problems in patent obviousness evaluations.
Orange Book Device Patent Listings: Understanding Teva v. Amneal
Federal Circuit clarifies that device patents must claim active ingredients to be listed in the Orange Book.
CAFC Says Patent Claims Need Not Explicitly Disclose Material Benefits for Trademark Functionality Doctrine
The Federal Circuit affirmed the cancellation of CeramTech's trademark for pink-colored ceramic hip components due to functionality concerns related to utility patents.
Patents as Product Liability Admissions: A Cert Petition Highlights Novel Use of Patent Filings in Whistleblower Case
Minerva Surgical's patents may reveal prior knowledge of significant safety issues with its devices, raising questions of accountability in product claims.
Key IP Issues for the Next President and Congress to Tackle: AI and Patent Subject Matter Eligibility
The next administration is expected to focus on addressing IP law issues related to AI, including deepfakes and copyright for AI training.
Other Barks & Bites for Friday, January 3: Judge Stoll Faults CAFC Majority for Fact Finding, Darrell Issa to Chair House IP Subcommittee Again, and China to Subsidize Smartphone Sales
The week in IP saw important rulings regarding trademark infringement, patent obviousness, and the copyrightability of memorabilia.
Beyonce's trademark registration for her daughter's name highlights trends in IP around personal branding.
Voluntary Dismissals and Attorney Fees
The interpretation of attorney fees in copyright and patent cases is influenced by circuit splits regarding voluntary dismissals and prevailing party status.
Key IP Issues for the Next President and Congress to Tackle: AI and Patent Subject Matter Eligibility
The next administration is expected to focus on addressing IP law issues related to AI, including deepfakes and copyright for AI training.
Other Barks & Bites for Friday, January 3: Judge Stoll Faults CAFC Majority for Fact Finding, Darrell Issa to Chair House IP Subcommittee Again, and China to Subsidize Smartphone Sales
The week in IP saw important rulings regarding trademark infringement, patent obviousness, and the copyrightability of memorabilia.
Beyonce's trademark registration for her daughter's name highlights trends in IP around personal branding.
Voluntary Dismissals and Attorney Fees
The interpretation of attorney fees in copyright and patent cases is influenced by circuit splits regarding voluntary dismissals and prevailing party status.
The next USPTO director must uphold the historical American patent model to ensure competitiveness against countries like China.
The RESTORE Patent Rights Act: One Little Sentence that Could Change Everything
The RESTORE Patent Rights Act could significantly alter how patents are enforced by establishing a new presumption for granting injunctions.
Only Congressional Patent Reform Can Restore Constitutional Rights
Congressional approval of PERA and PREVAIL acts is essential to restore inventors' property rights and uphold the principles of intellectual property.
RESTORE Act Hearing Witnesses Butt Heads on Impact of eBay
The RESTORE Patent Rights Act seeks to amend patent law to support stronger protections for patent owners, especially those less equipped to enforce their rights.
USPTO has withdrawn a proposed rule that could have imposed new limitations on terminal disclaimers, ensuring a predictable patent environment for the biopharmaceutical sector.
The Rise of 'Non-Transitory' Claims: How a Single Word Became Key to Software Patent Eligibility
The percentage of utility patents with 'non-transitory' software claims has increased significantly, reflecting the evolving role of software in patent law.
The Fox Who Would Guard the USPTO Henhouse
The next USPTO director must uphold the historical American patent model to ensure competitiveness against countries like China.
The RESTORE Patent Rights Act: One Little Sentence that Could Change Everything
The RESTORE Patent Rights Act could significantly alter how patents are enforced by establishing a new presumption for granting injunctions.
Only Congressional Patent Reform Can Restore Constitutional Rights
Congressional approval of PERA and PREVAIL acts is essential to restore inventors' property rights and uphold the principles of intellectual property.
RESTORE Act Hearing Witnesses Butt Heads on Impact of eBay
The RESTORE Patent Rights Act seeks to amend patent law to support stronger protections for patent owners, especially those less equipped to enforce their rights.
USPTO has withdrawn a proposed rule that could have imposed new limitations on terminal disclaimers, ensuring a predictable patent environment for the biopharmaceutical sector.
The Rise of 'Non-Transitory' Claims: How a Single Word Became Key to Software Patent Eligibility
The percentage of utility patents with 'non-transitory' software claims has increased significantly, reflecting the evolving role of software in patent law.
Two Decades and Counting: The Never-Ending Section 101 Battle Over Financial Analytics
The application illustrates ongoing challenges in patent eligibility and the long duration of some pending cases.
What to Expect After the USPTO Sunsets their After Final Consideration Pilot 2.0 on December 14
AFCP 2.0's termination requires patent practitioners to adjust to conventional after-final practices with limited amendment opportunities.
USPTO's Final Rule on FY 2025 Patent Fees Drops Divisive Proposals for Across-the-Board Hikes
The USPTO announced a 7.5% fee increase while dropping highly controversial fee proposals from the April 2024 NPRM.
USPTO Timeliness Slipping: Patent Term Adjustment Data Shows Growing Examination Delays
The USPTO is struggling with timely processing of patent applications, evident from increased Patent Term Adjustment awards.
Examining USPTO Director Review Decisions in the Second Half of 2024
Director Review decisions by the USPTO shape patent law, refining inter partes review parameters and highlighting implications for practitioners and stakeholders.
Director Review Clarified Co-Defendant IPR Challenge Rights in 2024
Recent USPTO Director decisions clarify definitions of RPI and privity related to multi-defendant IPR petitions, impacting discretionary denials substantially.
Two Decades and Counting: The Never-Ending Section 101 Battle Over Financial Analytics
The application illustrates ongoing challenges in patent eligibility and the long duration of some pending cases.
What to Expect After the USPTO Sunsets their After Final Consideration Pilot 2.0 on December 14
AFCP 2.0's termination requires patent practitioners to adjust to conventional after-final practices with limited amendment opportunities.
USPTO's Final Rule on FY 2025 Patent Fees Drops Divisive Proposals for Across-the-Board Hikes
The USPTO announced a 7.5% fee increase while dropping highly controversial fee proposals from the April 2024 NPRM.
USPTO Timeliness Slipping: Patent Term Adjustment Data Shows Growing Examination Delays
The USPTO is struggling with timely processing of patent applications, evident from increased Patent Term Adjustment awards.
Examining USPTO Director Review Decisions in the Second Half of 2024
Director Review decisions by the USPTO shape patent law, refining inter partes review parameters and highlighting implications for practitioners and stakeholders.
Director Review Clarified Co-Defendant IPR Challenge Rights in 2024
Recent USPTO Director decisions clarify definitions of RPI and privity related to multi-defendant IPR petitions, impacting discretionary denials substantially.
The Future is Global: SEP Licensing in China, the UK and EU in 2024
Global influences, especially from China, are reshaping Standard Essential Patent licensing dynamics, emphasizing the need for collaboration and transparency.
Trade Secrets and AI Systems: The Future of Trade Secret Protection in Business
Trade secret litigation is increasingly preferred over patents for protecting AI-related intellectual property due to its unique challenges.
A Review of Emerging Technologies with Implications for IP
AI is transforming the legal landscape, especially concerning intellectual property and patent law.
IP Organizations Want More on USPTO's AI Patent Eligibility Guidance
The USPTO's updated SME guidance receives mixed feedback, emphasizing the need for clarity to foster innovation in AI patent eligibility.
CAFC Vacates PTAB Win for Centripetal Due to Board's Poorly Articulated Motivation to Combine Analysis
The CAFC vacated the PTAB's decision, emphasizing the need for clear reasoning in obviousness determinations based on combined references.
Palworld Developer Reveals The Pokemon Patents Nintendo Claims It's Violating
Nintendo demands $33,000 for patent infringement from Pocketpair over its game 'Palworld', citing newly registered patents.
The Enduring Patent Owner/Licensee Standing Distinction
The case examines how multiple entities sharing patent rights affect Article III standing for patent owners, especially after default-related licensing arrangements.
Trade Secrets and AI Systems: The Future of Trade Secret Protection in Business
Trade secret litigation is increasingly preferred over patents for protecting AI-related intellectual property due to its unique challenges.
A Review of Emerging Technologies with Implications for IP
AI is transforming the legal landscape, especially concerning intellectual property and patent law.
IP Organizations Want More on USPTO's AI Patent Eligibility Guidance
The USPTO's updated SME guidance receives mixed feedback, emphasizing the need for clarity to foster innovation in AI patent eligibility.
CAFC Vacates PTAB Win for Centripetal Due to Board's Poorly Articulated Motivation to Combine Analysis
The CAFC vacated the PTAB's decision, emphasizing the need for clear reasoning in obviousness determinations based on combined references.
Palworld Developer Reveals The Pokemon Patents Nintendo Claims It's Violating
Nintendo demands $33,000 for patent infringement from Pocketpair over its game 'Palworld', citing newly registered patents.
The Enduring Patent Owner/Licensee Standing Distinction
The case examines how multiple entities sharing patent rights affect Article III standing for patent owners, especially after default-related licensing arrangements.
Return Mail Becomes Latest 101 Petition Denied by SCOTUS
The Supreme Court denied a petition from Return Mail, leaving lower court rulings against its patent claims intact and highlighting issues in Section 101 interpretations.
Supreme Court Asked to Address Constitutionality of Judge Newman Removal
Miller Mendel's petition challenges the Federal Circuit's dismissal of its software patent as an abstract idea, raising critical patent law questions.
The case underlines concerns regarding judicial independence and the authority of Article III judges.
Supreme Court Patent Cases - November 2024
The Supreme Court is reviewing several patent eligibility cases, particularly in the software sector, amidst ongoing legal challenges.
Eight patent-related certiorari petitions are currently pending before the Supreme Court.
Text vs Precedent: Celanese and the Secret Process On-Sale Bar
The Supreme Court may resolve the significant issue of whether sales from secret processes can impact patent protection after the on-sale bar.
The Long Arm Reaching Too Far? Supreme Court Asked to Review Personal Jurisdiction via Amazon's APEX Program
The Supreme Court may soon address personal jurisdiction based on a patentee's use of Amazon's patent enforcement system.
Return Mail Becomes Latest 101 Petition Denied by SCOTUS
The Supreme Court denied a petition from Return Mail, leaving lower court rulings against its patent claims intact and highlighting issues in Section 101 interpretations.
Supreme Court Asked to Address Constitutionality of Judge Newman Removal
Miller Mendel's petition challenges the Federal Circuit's dismissal of its software patent as an abstract idea, raising critical patent law questions.
The case underlines concerns regarding judicial independence and the authority of Article III judges.
Supreme Court Patent Cases - November 2024
The Supreme Court is reviewing several patent eligibility cases, particularly in the software sector, amidst ongoing legal challenges.
Eight patent-related certiorari petitions are currently pending before the Supreme Court.
Text vs Precedent: Celanese and the Secret Process On-Sale Bar
The Supreme Court may resolve the significant issue of whether sales from secret processes can impact patent protection after the on-sale bar.
The Long Arm Reaching Too Far? Supreme Court Asked to Review Personal Jurisdiction via Amazon's APEX Program
The Supreme Court may soon address personal jurisdiction based on a patentee's use of Amazon's patent enforcement system.
A Court's Inherent Authority is Not to Be a Broad Reservoir of Power
PSP's case was dismissed, leading to sanctions for filing a frivolous lawsuit under the district court's inherent authority.
CAFC Says Letter Sent to Colorado Address Triggers On-Sale Bar
The CAFC ruled that a letter from Crown Packaging constituted a commercial offer for sale, impacting the validity of its patents under the on-sale bar.
Eckert Seamans is Seeking a Agent or Patent Attorney with an Electrical Engineering Background - IPWatchdog.com | Patents & Intellectual Property Law
Eckert Seamans seeks a Patent Agent or Attorney with electrical engineering expertise for a full-time position, offering flexible work options.
Patterson + Sheridan, LLP is Seeking a Technical Advisor, Patent Agent, or Associate - IPWatchdog.com | Patents & Intellectual Property Law
Patterson + Sheridan, LLP seeks technical professionals for patent law, prioritizing those with backgrounds in AI/ML, Electrical Engineering, and related fields.
Eckert Seamans is Seeking a Agent or Patent Attorney with an Electrical Engineering Background - IPWatchdog.com | Patents & Intellectual Property Law
Eckert Seamans seeks a Patent Agent or Attorney with electrical engineering expertise for a full-time position, offering flexible work options.
Patterson + Sheridan, LLP is Seeking a Technical Advisor, Patent Agent, or Associate - IPWatchdog.com | Patents & Intellectual Property Law
Patterson + Sheridan, LLP seeks technical professionals for patent law, prioritizing those with backgrounds in AI/ML, Electrical Engineering, and related fields.
SCOTUS Invites SG to Weigh in on Cox/ Sony Cases, Denies Petition Charging Newman's Removal from CAFC Harms Patent Owners
The Supreme Court's decisions reflect ongoing debates over ISP liability and the implications of judicial removals on patent law fairness.
Koss Corporation v. Bose Corporation
The case explores how dismissals in one patent litigation can affect the validity and enforceability of patents across concurrent lawsuits.
Safe Harbor at a Crossroads: Examining Regulatory Development Shield of 271(e)(1) in Edwards v. Meril
The Supreme Court's review of Edwards Lifesciences Corp. v. Meril Life Sciences could redefine the Hatch-Waxman Act's safe harbor provision regarding regulatory and commercial activity scope.
The case emphasizes the role of trade secrets in assessing the obviousness of plant patents.
True Respect for Textualism Requires Patent Eligibility Reform
The discussion on patent eligibility highlights the tension between textualism and judicial activism, particularly in how courts interpret patent laws.
The PTAB upheld a utility patent for a maize variety developed through simple crossbreeding, emphasizing the importance of genotypic considerations in patent claims.
Pleading Stage Claim Construction
Patent claim construction can occur at the motion-to-dismiss stage, and plural terms may sometimes be interpreted as singular.
NPEs Have No Obligation to Mark Under the Statute-and that Should Extend to an NPE's Settlement Licensees
NPEs can collect patent infringement damages without product marking obligations, but must ensure licensees mark products to avoid limitations on their recovery.
Recent Patent Law Scholarship
Patent law discourse is evolving through diverse academic insights, prompting critical analysis of eligibility, gene patenting, and AI roles in invention.