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Join Gene Quinn on Tuesday, November 30 for this free webinar.
Join IPWatchdog on Thursday, October 28, at 1 PM ET, for a conversation on how stronger patent laws drive economic progress and the key problems holding back our patent system today. IPWatchdog President & CEO, Gene Quinn, will moderate a panel discussion with patent experts and attorneys, including Federal Circuit Judge Kathleen M. O’Malley, Eddie Lazarus, General Counsel of Sonos, and Professor Jonathan M. Barnett.
Asserting that diversity has made significant strides within today’s legal profession would, unfortunately, not be a winning case. And while it’s a hot topic today, the true importance of diversity, equity and inclusion seems to be overlooked.
Over the last several days, the Wall Street Journal has reported on numerous federal district court judges that it says have violated the Code of Judicial Conduct by not recusing themselves in cases where they, or their spouse, held a pecuniary interest. The Journal reporting finds that, in most cases, the judges seem to have mistakenly believed that if they or their spouses owned stock in a company and their portfolio was blindly or privately managed by a money manager without input or knowledge, they did not need to recuse themselves. That, however, is not the standard according to the Office of Administrative Courts. The judge identified as the one who most frequently failed to recuse himself was Rodney Gilstrap, Chief Judge of the United States Federal District Court for the Eastern District of Texas. Judge Gilstrap is well known throughout the country as the jurist with who, over the last decade, has had the largest docket of patent infringement cases, including virtually every patent case filed in the Eastern District of Texas....

https://www.ipwatchdog.com/2021/10/03/lets-put-myth-bed-eastern-district-texas-not-plaintiff-friendly/id=138296/
The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu. Leahy promised to take aim at discretionary denials of inter partes review (IPR) and post grant review (PGR) challenges, which he did, among many other things....

https://www.ipwatchdog.com/2021/09/29/restoring-america-invents-act-open-floodgates-patent-owner-harassment/id=138219/
While there are any number of reasons to question the continued viability, value and necessity of the Federal Circuit, the court’s continued use of mandamus is extremely troubling. Much of the time, it seems the Federal Circuit is using this extraordinary remedy to control the docket of Judge Alan Albright of the Western District of Texas, ordering him to transfer cases. Reading these decisions is becoming nauseating. The resentment of the Federal Circuit built up toward Judge Albright is palpable, yet at the same time the Federal Circuit ignores first principles and well-established law in an attempt to move patent cases from the forum selected by the patent owner plaintiff to a forum decidedly in favor of the defendants....

https://www.ipwatchdog.com/2021/09/29/federal-circuits-obsession-judge-albright-becoming-increasingly-bizarre/id=138182/
In a precedential decision authored by Judge Reyna, the U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday upheld a Delaware district court’s ruling that Belcher Pharmaceuticals Inc.’s Chief Science Officer engaged in inequitable conduct, making its U.S. Patent No. 9,283,197 unenforceable. Belcher brought the suit against Hospira, Inc. for infringement of the ‘197 patent under the Hatch-Waxman Act, but the district court found that the Belcher Chief Science Officer withheld material information from the U.S....

https://www.ipwatchdog.com/2021/09/02/federal-circuit-upholds-delaware-courts-inequitable-conduct-analysis/id=137298/
“Even without asserting patents, U.S. and European patents with coordinated strategies increase the value of the patent portfolio. Accordingly, knowledge of both patent systems is critical.” One ingredient that distinguishes a good patent portfolio from a great patent portfolio can be the synergistic strength of its U.S. and European patent family members. To develop this strength, it is not enough to have a U.S....

https://www.ipwatchdog.com/2021/09/02/building-high-quality-patent-portfolios-united-states-europe-part-i-intervening-prior-art/id=137260/
“The Copyright Office report concluded that ‘the evidence indicates that state infringement constitutes a legitimate concern for copyright owners’ and ‘that those infringements can cause harm to the value of the copyrighted works.’” On August 31, at the request of Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the United States Patent and Trademark Office (USTPO) provided a report to Congress…...

https://www.ipwatchdog.com/2021/09/01/uspto-copyright-office-reports-attempt-quantify-extent-effect-ip-infringement-state-entities/id=137289/
A banner week saw the district court roaring back to life with 93 new patent filings and over 50 closed cases, including all of the remanded Section 101 rulings in Realtime Data, LLC. Recall that the Federal Circuit remanded that order to Judge Connolly for including insufficient reasoning under step one and step two of the Alice/Mayo inquiry. The order is still sealed, but as it closes the cases again, one must assume it provides additional reasoning and again cancels Realtime’s patents under 101....

https://www.ipwatchdog.com/2021/09/01/patent-filings-roundup-samsung-seeks-declaratory-judgment-against-magentar-entities-after-settlement-ptab-325d-discretion-highlighted-with-four-denials-district-court-litigation-spikes/id=137282/
“Bam!” “Let’s get ready to rumble!” “That’s hot!” In this episode of IP Goes Pop!, IP attorneys Michael Snyder and Michael Berkowitz explore the increasingly frequent phenomenon where famous personalities blurt out words and phrases that go viral - and the subsequent trademark madness that may follow. Tune in as the IP in pop culture discussion turns toward examples of celebrities, athletes, politicians, and reality stars capturing the public’s attention with funny/interesting words or phrases....

https://www.ipwatchdog.com/2021/09/01/ep-5-trademarks-catchphrases-popular-culture-trademark-gold-rush-capitalize-trending-words-phrases/id=137263/
“GE’s enforcement of the Edison patent by injunctions did not stifle competition nor did it endow GE with undue market power, let alone a ‘monopoly.’ Instead, it resulted in clear and tangible consumer welfare benefits.” Would you believe the following scenario could happen under our patent system? An inventor of a fundamental technology receives a patent less than three months after filing; despite the public disclosure of the patent, industry contemporaries fail to appreciate the invention’s significance for nearly two years; once appreciated, widespread adoption and infringement of the patent ensues....

https://www.ipwatchdog.com/2021/09/01/thomas-edison-consumer-welfare-benefits-patent-enforcement/id=137233/

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.

Trends in Patent Prosecution: Don’t Get Left Behind 11/22/2021

Trends in Patent Prosecution: Don’t Get Left Behind

Join Gene Quinn on Tuesday, November 30 for this free webinar.

Trends in Patent Prosecution: Don’t Get Left Behind To compete in today’s world, you need accurate, reliable data that provides valuable insight to help manage expectations and drive strategy throughout the prosecution process.

The Good, the Bad, and the Ugly: Outlook for the U.S. Patent System 10/27/2021

The Good, the Bad, and the Ugly: Outlook for the U.S. Patent System

Join IPWatchdog on Thursday, October 28, at 1 PM ET, for a conversation on how stronger patent laws drive economic progress and the key problems holding back our patent system today. IPWatchdog President & CEO, Gene Quinn, will moderate a panel discussion with patent experts and attorneys, including Federal Circuit Judge Kathleen M. O’Malley, Eddie Lazarus, General Counsel of Sonos, and Professor Jonathan M. Barnett.

The Good, the Bad, and the Ugly: Outlook for the U.S. Patent System Join us for another IPWatchdog Webinar

Diversity is Just Good Business 10/26/2021

Diversity is Just Good Business

Asserting that diversity has made significant strides within today’s legal profession would, unfortunately, not be a winning case. And while it’s a hot topic today, the true importance of diversity, equity and inclusion seems to be overlooked.

Diversity is Just Good Business Asserting that diversity has made significant strides within today’s legal profession would, unfortunately, not be a winning case. And while it’s a hot topic today, the true importance of diversity, equity and inclusion seems to be overlooked. The fact of the matter is, embracing diversity is ju...

Let’s Put this Myth to Bed: The Eastern District of Texas is Not Plaintiff-Friendly 10/03/2021

Let’s Put this Myth to Bed: The Eastern District of Texas is Not Plaintiff-Friendly

Over the last several days, the Wall Street Journal has reported on numerous federal district court judges that it says have violated the Code of Judicial Conduct by not recusing themselves in cases where they, or their spouse, held a pecuniary interest. The Journal reporting finds that, in most cases, the judges seem to have mistakenly believed that if they or their spouses owned stock in a company and their portfolio was blindly or privately managed by a money manager without input or knowledge, they did not need to recuse themselves. That, however, is not the standard according to the Office of Administrative Courts. The judge identified as the one who most frequently failed to recuse himself was Rodney Gilstrap, Chief Judge of the United States Federal District Court for the Eastern District of Texas. Judge Gilstrap is well known throughout the country as the jurist with who, over the last decade, has had the largest docket of patent infringement cases, including virtually every patent case filed in the Eastern District of Texas....

https://www.ipwatchdog.com/2021/10/03/lets-put-myth-bed-eastern-district-texas-not-plaintiff-friendly/id=138296/

Let’s Put this Myth to Bed: The Eastern District of Texas is Not Plaintiff-Friendly Over the last several days, the Wall Street Journal has reported on numerous federal district court judges that it says have violated the Code of Judicial Conduct by not recusing themselves in cases where they, or their spouse, held a pecuniary interest, including Rodney Gilstrap of the Eastern Dist...

The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment 09/30/2021

The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu. Leahy promised to take aim at discretionary denials of inter partes review (IPR) and post grant review (PGR) challenges, which he did, among many other things....

https://www.ipwatchdog.com/2021/09/29/restoring-america-invents-act-open-floodgates-patent-owner-harassment/id=138219/

The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board made by former USPTO Directo...

The Federal Circuit’s Obsession with Judge Albright is Becoming Increasingly Bizarre 09/29/2021

The Federal Circuit’s Obsession with Judge Albright is Becoming Increasingly Bizarre

While there are any number of reasons to question the continued viability, value and necessity of the Federal Circuit, the court’s continued use of mandamus is extremely troubling. Much of the time, it seems the Federal Circuit is using this extraordinary remedy to control the docket of Judge Alan Albright of the Western District of Texas, ordering him to transfer cases. Reading these decisions is becoming nauseating. The resentment of the Federal Circuit built up toward Judge Albright is palpable, yet at the same time the Federal Circuit ignores first principles and well-established law in an attempt to move patent cases from the forum selected by the patent owner plaintiff to a forum decidedly in favor of the defendants....

https://www.ipwatchdog.com/2021/09/29/federal-circuits-obsession-judge-albright-becoming-increasingly-bizarre/id=138182/

The Federal Circuit’s Obsession with Judge Albright is Becoming Increasingly Bizarre While there are any number of reasons to question the continued viability, value and necessity of the Federal Circuit, the court’s continued use of mandamus is extremely troubling.

Federal Circuit Upholds Delaware Court’s Inequitable Conduct Analysis 09/02/2021

Federal Circuit Upholds Delaware Court’s Inequitable Conduct Analysis

In a precedential decision authored by Judge Reyna, the U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday upheld a Delaware district court’s ruling that Belcher Pharmaceuticals Inc.’s Chief Science Officer engaged in inequitable conduct, making its U.S. Patent No. 9,283,197 unenforceable. Belcher brought the suit against Hospira, Inc. for infringement of the ‘197 patent under the Hatch-Waxman Act, but the district court found that the Belcher Chief Science Officer withheld material information from the U.S....

https://www.ipwatchdog.com/2021/09/02/federal-circuit-upholds-delaware-courts-inequitable-conduct-analysis/id=137298/

Federal Circuit Upholds Delaware Court’s Inequitable Conduct Analysis In a precedential decision written by Judge Reyna, the U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday upheld a Delaware district court’s ruling that Belcher Pharmaceuticals Inc.’s Chief Science Officer engaged in inequitable conduct, making its U.S. Patent No. 9,283,197 unenfo...

Building High-Quality Patent Portfolios in the United States and Europe: Part I - Intervening Prior Art 09/02/2021

Building High-Quality Patent Portfolios in the United States and Europe: Part I - Intervening Prior Art

“Even without asserting patents, U.S. and European patents with coordinated strategies increase the value of the patent portfolio. Accordingly, knowledge of both patent systems is critical.” One ingredient that distinguishes a good patent portfolio from a great patent portfolio can be the synergistic strength of its U.S. and European patent family members. To develop this strength, it is not enough to have a U.S....

https://www.ipwatchdog.com/2021/09/02/building-high-quality-patent-portfolios-united-states-europe-part-i-intervening-prior-art/id=137260/

Building High-Quality Patent Portfolios in the United States and Europe: Part I - Intervening Prior Art One ingredient that distinguishes good patent portfolios from great patent portfolios can be the synergistic strength of its U.S. and European patent family members.

USPTO and Copyright Office Reports Attempt to Quantify Extent and Effect of IP Infringement by State Entities 09/01/2021

USPTO and Copyright Office Reports Attempt to Quantify Extent and Effect of IP Infringement by State Entities

“The Copyright Office report concluded that ‘the evidence indicates that state infringement constitutes a legitimate concern for copyright owners’ and ‘that those infringements can cause harm to the value of the copyrighted works.’” On August 31, at the request of Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the United States Patent and Trademark Office (USTPO) provided a report to Congress…...

https://www.ipwatchdog.com/2021/09/01/uspto-copyright-office-reports-attempt-quantify-extent-effect-ip-infringement-state-entities/id=137289/

USPTO and Copyright Office Reports Attempt to Quantify Extent and Effect of IP Infringement by State Entities On August 31, at the request of Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the USPTO and the U.S. Copyright Office provided reports to Congress analyzing infringement disputes between copyright, patent and trademark rights holders and states and state entities.

Patent Filings Roundup: Samsung Seeks Declaratory Judgment against Magentar Entities After Settlement; PTAB 325(d) Discretion Highlighted with Four Denials; District Court Litigation Spikes 09/01/2021

Patent Filings Roundup: Samsung Seeks Declaratory Judgment against Magentar Entities After Settlement; PTAB 325(d) Discretion Highlighted with Four Denials; District Court Litigation Spikes

A banner week saw the district court roaring back to life with 93 new patent filings and over 50 closed cases, including all of the remanded Section 101 rulings in Realtime Data, LLC. Recall that the Federal Circuit remanded that order to Judge Connolly for including insufficient reasoning under step one and step two of the Alice/Mayo inquiry. The order is still sealed, but as it closes the cases again, one must assume it provides additional reasoning and again cancels Realtime’s patents under 101....

https://www.ipwatchdog.com/2021/09/01/patent-filings-roundup-samsung-seeks-declaratory-judgment-against-magentar-entities-after-settlement-ptab-325d-discretion-highlighted-with-four-denials-district-court-litigation-spikes/id=137282/

Patent Filings Roundup: Samsung Seeks Declaratory Judgment against Magentar Entities After Settlement; PTAB 325(d) Discretion Highlighted with Four Denials; District Court Litigation Spikes A banner week saw the district court roaring back to life with 93 new patent filings and over 50 closed cases, including all of the remanded Section 101 rulings in Realtime Data, LLC.

IP Goes Pop! Ep #5: Trademarks and Catchphrases in Popular Culture - The Trademark 'Gold Rush' to Capitalize on Trending Words or Phrases 09/01/2021

IP Goes Pop! Ep #5: Trademarks and Catchphrases in Popular Culture - The Trademark 'Gold Rush' to Capitalize on Trending Words or Phrases

“Bam!” “Let’s get ready to rumble!” “That’s hot!” In this episode of IP Goes Pop!, IP attorneys Michael Snyder and Michael Berkowitz explore the increasingly frequent phenomenon where famous personalities blurt out words and phrases that go viral - and the subsequent trademark madness that may follow. Tune in as the IP in pop culture discussion turns toward examples of celebrities, athletes, politicians, and reality stars capturing the public’s attention with funny/interesting words or phrases....

https://www.ipwatchdog.com/2021/09/01/ep-5-trademarks-catchphrases-popular-culture-trademark-gold-rush-capitalize-trending-words-phrases/id=137263/

IP Goes Pop! Ep #5: Trademarks and Catchphrases in Popular Culture - The Trademark 'Gold Rush' to Capitalize on Trending Words or Phrases In this episode, IP attorneys Michael Snyder and Michael Berkowitz explore the increasingly frequent phenomenon where famous personalities blurt out words and phrases that go viral - and the subsequent trademark madness that may follow.

Thomas Edison and the Consumer Welfare Benefits of Patent Enforcement 09/01/2021

Thomas Edison and the Consumer Welfare Benefits of Patent Enforcement

“GE’s enforcement of the Edison patent by injunctions did not stifle competition nor did it endow GE with undue market power, let alone a ‘monopoly.’ Instead, it resulted in clear and tangible consumer welfare benefits.” Would you believe the following scenario could happen under our patent system? An inventor of a fundamental technology receives a patent less than three months after filing; despite the public disclosure of the patent, industry contemporaries fail to appreciate the invention’s significance for nearly two years; once appreciated, widespread adoption and infringement of the patent ensues....

https://www.ipwatchdog.com/2021/09/01/thomas-edison-consumer-welfare-benefits-patent-enforcement/id=137233/

Thomas Edison and the Consumer Welfare Benefits of Patent Enforcement Would you believe the following scenario could happen under our patent system? An inventor of a fundamental technology receives a patent less than three months after filing; despite the public disclosure of the patent, industry contemporaries fail to appreciate the invention’s significance for nea...

Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations 08/31/2021

Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations

“While ‘the Federal Circuit’s patent law methodology can serve as guidance in contract cases on questions of patent valuation,’ it does not explicitly govern the interpretation of contractual terms, even terms that are intertwined with patent law.” The U.S. Court of Appeals for the Fifth Circuit today affirmed an Eastern District of Texas court’s judgment for Ericsson, finding no error in the district court’s jury instructions, declaratory judgment or evidentiary rulings, and rejecting HTC Corporation’s allegations that Ericsson had breached its contractual obligation to offer a license on fair, reasonable, and non-discriminatory (FRAND) terms....

https://www.ipwatchdog.com/2021/08/31/fifth-circuit-affirms-texas-courts-judgment-ericsson-complied-frand-obligations/id=137252/

Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations The U.S. Court of Appeals for the Fifth Circuit today affirmed a Texas court’s judgment for Ericsson, finding no error in the district court’s jury instructions, declaratory judgment or evidentiary rulings, and rejecting HTC Corporation’s allegations that Ericsson had breached its FRAND obliga...

A Pandemic Can’t Stop Bayh-Dole—But Politicians Might 08/31/2021

A Pandemic Can’t Stop Bayh-Dole—But Politicians Might

“One might think, with all the serious problems facing the nation, that policy makers would have better things to do than to undermine the law that’s kept us healthy and prosperous for 40 years. Unfortunately, some want to restore the ‘Washington knows best’ attitude that failed before Bayh-Dole." What would you say about a technology commercialization system that kept on performing even through the worst pandemic in over a century?...

https://www.ipwatchdog.com/2021/08/31/pandemic-cant-stop-bayh-dole-politicians-might/id=137235/

A Pandemic Can’t Stop Bayh-Dole—But Politicians Might What would you say about a technology commercialization system that kept on performing even through the worst pandemic in over a century? How about if it improved its performance over the previous year and was a critical factor in developing desperately needed therapies to protect people around the....

What Recent Case Law Tells Us About the Importance of Consumer Surveys in Trademark Cases 08/31/2021

What Recent Case Law Tells Us About the Importance of Consumer Surveys in Trademark Cases

“While the absence of a survey demonstrating market confusion and/or secondary meaning is not necessarily fatal, it presents a significant hurdle to overcome…. When a survey is not used, other evidence must bear more weight to persuade the court.” On August 3, 2021, the U.S. District Court for the Southern District of Florida ruled against plaintiff Vital Pharmaceuticals, Inc.’s claim of trade dress infringement…...

https://www.ipwatchdog.com/2021/08/31/recent-case-law-tells-us-importance-consumer-surveys-trademark-cases/id=137212/

What Recent Case Law Tells Us About the Importance of Consumer Surveys in Trademark Cases Recent rulings underscore the increasingly important role well-designed surveys play in courts’ consideration of evidence of consumer confusion and/or secondary meaning in trademark and trade dress cases. This article explores when and why consumer surveys are important.

CAFC Affirms Northern District of California on Interlocutory Appeal in Micron Infringement Suit 08/30/2021

CAFC Affirms Northern District of California on Interlocutory Appeal in Micron Infringement Suit

“MLC’s argument that it need not disclose factual underpinnings and evidence underlying its damages theory prior to expert discovery undermines a district court’s discretion to encourage early discovery . . .” - CAFC On August 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the Northern District of California’s decision in an interlocutory appeal brought by MLC Intellectual Property, LLC (MLC) regarding orders that precluded certain opinions of MLC’s damages expert in its infringement suit against Micron Technology, Inc....

https://www.ipwatchdog.com/2021/08/30/cafc-affirms-northern-district-california-interlocutory-appeal-micron-infringement-suit/id=137222/

CAFC Affirms Northern District of California on Interlocutory Appeal in Micron Infringement Suit On August 26, the Federal Circuit affirmed the U.S. District Court for the Northern District of California’s decision in an interlocutory appeal brought by MLC Intellectual Property, LLC regarding orders that precluded certain opinions of MLC’s damages expert in its infringement suit against Mic...

Key Insights from the PTAB’s Updated Orange Book and Biologic Patent Study 08/30/2021

Key Insights from the PTAB’s Updated Orange Book and Biologic Patent Study

“Institution rates for Orange Book patents and biologic patents are slightly lower than overall institution rates, with biologic patents faring better than Orange Book patents at institution.” The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) recently released an update to its Orange Book patent and biologic patent study, examining post-grant petitions filed against Orange Book patents and biologic patents between September 16, 2012, and June 30, 2021....

https://www.ipwatchdog.com/2021/08/30/key-insights-ptabs-updated-orange-book-biologic-patent-study/id=137192/

Key Insights from the PTAB’s Updated Orange Book and Biologic Patent Study The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) recently released an update to its Orange Book patent and biologic patent study, examining post-grant petitions filed against Orange Book patents and biologic patents between September 16, 2012, and June 30, 2021.

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