This year has included many twists and turns for IP stakeholders, particularly on the patent side. Most recently, the Federal Circuit’s decision in Arthrex has called into question the constitutionality of Patent Trial and Appeal Board decisions, and perhaps the Board itself. Elsewhere, Congress has been—unsuccessfully—attempting to step in and clarify U.S. patent law since early in the year, while the courts have continued to muddy the waters of patent eligibility law. The Federal Trade Commission’s case against Qualcomm, and Judge Lucy Koh’s decision in the case, have further called into question the United States’ ability to compete on the innovation front going forward. And yet, there have been some wins in other areas this year, including at the U.S. Patent and Trademark Office (USPTO), and there remain many reasons to be hopeful about the year ahead. IPWatchdog asked some IP experts to share what they have to be thankful for on the IP front this Thanksgiving, despite all the uncertainty. Hopefully, as those of you who celebrate the holiday enjoy your Thanksgiving dinners, these sentiments will inspire you to be thankful too.
- Computer Law
- Fair Use
- First Sale Doctrine
- SCOTUS Grants Government’s Request to Participate in Case Interpreting PRO IP Act Language on Copyright Invalidation
- Beware the Shadow Statute: ALI’s Copyright Restatement Project is Quite the Fright
- International: WIPO Reports Increasing Prevalence of Alternative Dispute Resolution for Business-to-Business Copyright Disputes
- USPTO and Copyright Office Reports Attempt to Quantify Extent and Effect of IP Infringement by State Entities
- The Federal Circuit Must Correct Texas Court’s Misapplication of Copyright Law in SAS Institute Appeal
- COVID IP Waiver Attempts are Becoming Harder to Justify
- Coons and Hirono Raise Concerns Over Pride in Patent Ownership Act Penalties
- The Fintiv Deception: Leahy’s Legislative ‘Fix’ is Unwarranted in Light of Sotera Wireless
- An Ax(le) Needs Grinding: Can the Federal Circuit Turn the Wheel?
- India’s Prius Judgment and Trans-Border Reputation of Trademarks