Patent Law Weblog
recent posts
- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
about
Month: December 2015
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By Donald Zuhn — In a notice published in the Federal Register earlier today (80 Fed. Reg. 79277), the U.S. Patent and Trademark Office invites stakeholders to submit patent quality-related topics that they believe should be the subject of a case study as part of a new Enhanced Patent Quality Initiative pilot program. In the…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Merck Sharp & Dohme Corp. et al. v. Med-Pharmex, Inc.3:15-cv-01905; filed August 28, 2015 in the Southern District of California • Plaintiffs: Merck Sharp & Dohme Corp.; Intervet Inc.• Defendant: Med-Pharmex, Inc. Infringement of…
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December 17, 2015 – "Section 102 and Prior Art: Navigating the Expanded Scope of Prior Art and AIA Exceptions" (Strafford) – 1:00 to 2:30 pm (EST) January 6, 2016 – "Preparing for and Navigating PTAB Appeals Before the Federal Circuit — Conducting PTAB Trials With Eye to Appeal, Determining Errors for Appeal, Understanding PTO Practice…
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Strafford will be offering a webinar/teleconference entitled "Obviousness Standard After the AIA: Leveraging Latest PTO and Court Guidance — Overcoming Challenges of Obviousness and Attacks on Patent Validity" on January 21, 2016 from 1:00 to 2:30 pm (EST). W. Todd Baker of Oblon McClelland Maier & Neustadt, and Jon L. Schuchardt of Dilworth IP will…
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The American Intellectual Property Law Association (AIPLA) will be offering a webinar entitled "Patent Eligibility Post-Alice: Practical Advice for Navigating the Current 35 USC § 101 Regime" on January 20, 2016 from 12:30 – 2:00 pm (Eastern). Paul Kitch of Nixon Peabody will moderate a panel consisting of David Beck of Viavi Solutions, Inc., Valerie…
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Strafford will be offering a webinar/teleconference entitled "Strategic Use of Patent Reissue: Determining Whether and When to Pursue a Reissue Application — Correcting Errors, Responding to an IPR Challenge and Mastering the Recapture Rule" on January 14, 2016 from 1:00 to 2:30 pm (EST). Dr. Shing-Yi (Cindy) Cheng, Deborah M. Herzfeld, and Thomas L. Irving…
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By Kevin E. Noonan — As she has done many times before (and so many times that she has been unfairly characterized as a scold on the Federal Circuit), Judge Pauline Newman dissented from the panel majority decision affirming an obviousness determination by the U.S. Patent and Trademark Office in an inter partes review by…
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By Donald Zuhn — The U.S. Patent and Trademark Office issued a notice of proposed rulemaking in the Federal Register earlier today (80 Fed. Reg. 78155) to comply with Public Law 113-227, which was enacted by Congress on December 16, 2014, and which establishes the USPTO's Law School Clinic Certification Program. The legislation, which requires…
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By Kevin E. Noonan — Interferences, the U.S. Patent and Trademark Office's procedure for determining which of a plurality of inventive entities were the "first to invent," were eliminated by the Leahy-Smith America Invents Act, but they are not entirely gone: patents and applications examined and granted under the "old" patent law can still become…
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By Paul Cole* — There is no point in crying over spilled milk. The denial of an en banc hearing in the above case[1] is now history. Apart from looking at the small print for pointers towards a more moderate approach, the focus now shifts to the expected petition for certiorari. Rule 10 of the…
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