Witnesses Tell House IP Subcommittee, “It’s Up to You” to Fix Arthrex
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“It’s up to you to do the right thing and fix this,” said Professor Arti Rai of The Center for Innovation Policy at Duke University School of Law near the…
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One Way or Another, Arthrex Promises to Put the PTAB on Trial
For weeks now I have been asking the United States Patent and Trademark Office (USPTO) to confirm how many Administrative Patent Judges (APJs) are currently employed by the Office, a…
Read More Federal Circuit Reverses District Court Finding that ‘Check Data’ Patent is Abstract
The U.S. Court of Appeals for the Federal Circuit (CAFC), in an opinion authored by Judge Chen, on Friday November 15 reversed a ruling of the District Court for the…
Read More Netlist Wins ITC Exclusion Order: Will the USPTO Support It?
Several weeks ago, the International Trade Commission (ITC) announced that Chief Administrative Law Judge (ALJ) Charles Bullock issued a Notice of Initial Final Determination recommending that certain memory modules manufactured…
Read More The Problem of IPR Infringement in India’s Burgeoning Startup Ecosystem
For a country of 1.3 billion people who pride themselves on ingenuity, entrepreneurial spirit, and innovative thinking, a significant percentage of the Indian population is woefully unaware of trademark infringement…
Read More Other Barks & Bites, Friday, November 15: SCOTUS to Hear Booking.com Trademark Case, AG Barr Backs FCC Plan Against Huawei and ZTE, Copyright Office Eliminates Physical Material Submission Options
This week in Other Barks & Bites: the Federal Circuit strikes down a district court’s finding of design patent infringement on summary judgment; the USPTO advises trademark attorneys to monitor…
Read More Delrahim, Simons Caution House Subcommittee Against Drawing Bright Lines on Antitrust Enforcement of Big Tech
The House Subcommittee on Antitrust, Commercial, and Administrative Law yesterday heard from Joseph Simons, Chairman of the Federal Trade Commission, and Makan Delrahim, Assistant Attorney General in the Department of…
Read More SCOTUS Petition: Stats Show Losing Patent Owner-Appellants Have a 66% Chance of Being Rule-36ed Versus 18% for Losing Petitioner-Appellants
Chestnut Hill Sound, Inc. has filed a petition asking the U.S. Supreme Court to consider whether the Federal Circuit’s disparate practice with respect to issuing Rule 36 decisions for losing…
Read More A Look at the Chrimar Amici: Inventors and IP Organizations Advocate for Rehearing En Banc as Federal Circuit Calls for ALE Response
Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) invited ALE USA Inc. to respond to Chrimar System Inc.’s petition for rehearing en banc. Five amici consisting of…
Read More It Matters: A Former Administrative Patent Judge’s Take on Arthrex
As most of us know by now, in Arthrex, Inc. v. Smith & Nephew, Inc., entered on Halloween 2019, a panel of the Federal Circuit held that the administrative patent…
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