Patent

Earlier this week, the Supreme Court handed down its ruling in Allen v. Cooper, which relates to photos and videos of the sunken remains of the Queen Anne’s Revenge, the…

Other Barks & Bites for Friday, March 27: SCOTUS Upholds State Sovereignty, China Reports Increased Copyright Registrations and Arthrex Rehearing Denial Spurs PTAB Appeals

March 27, 2020

This week in Other Barks & Bites: China’s copyright office announces a 21% increase in copyright registrations between 2018 and 2019; Costa Rica asks WHO to build a voluntary patent…

Antitrust and Patents: A Conversation with Makan Delrahim

March 26, 2020

Last week, as a part of the Virtual Patent Masters™ Program hosted by IPWatchdog, I had the opportunity to interview Makan Delrahim, who is Assistant Attorney General in charge of…

PTAB Designates Two Opinions Precedential on Discretion to Grant or Deny IPRs

March 25, 2020

Yesterday, the USPTO Patent Trial and Appeal Board designated two opinions as precedential. In one case, Advanced Bionics, LLC v. MED-EL Elektromedizinische Geräte GmbH, the Board exercised its discretion to…

Everything Depends on Coronavirus R&D Partnerships—Don’t Let the Critics Wreck Them

March 24, 2020

Business, Patent

The world is teetering on the brink of a public health and economic catastrophe, depending on emergency partnerships between our public and private sectors to develop a successful treatment for…

Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling

March 23, 2020

Litigation, Patent

The U.S. Court of Appeals for the Federal Circuit has denied rehearing en banc in Arthrex v. Smith & Nephew, a decision that made the Patent Trial and Appeal Board’s…

‘Now We Know’ – Lessons in Preserving Constitutional Error Before the USPTO

March 22, 2020

Litigation, Patent

In 2019, the issue of preservation of constitutional arguments before the USPTO, which had basically been dormant for a decade, was abruptly and dramatically revived. Now the subject of whether…

District Court Finds Katy Perry’s ‘Dark Horse’ Not Substantially Similar to ‘Joyful Noise’ Ostinato

March 21, 2020

The U.S. District Court for the Central District of California on Monday granted Katy Perry’s motion for judgment as a matter of law (JMOL) and vacated the jury’s verdicts regarding…

In Memoriam: The Honorable Gerald J. Mossinghoff

March 20, 2020