McAward as Precedential and Lower Standard for Indefiniteness During Prosecution
Way back on August 25, 2017, the U.S. Patent and Trademark Office designated Ex parte McAward as precedential authority for defining the USPTO and the PTAB’s policy on assessing indefiniteness as...
How a Government Shutdown Will Affect the USPTO
Many of us patent practitioners like to think we are somewhat immune to politics, but unfortunately that is not always the case. As the threat of a government shutdown looms later today, January 19,...
Fed Circuit Watch: Helsinn Redux: En Banc Denied
On January 16, 2018, in a non-precedential per curiam order (the order was not published, but was made available from our colleagues at the Patently-O blog), the United States Court of Appeals for...
Fed Circuit Watch: Finjan Survives Alice Test for Subject Matter Eligibility
On January 10, 2018, the Court of Appeals for the Federal Circuit handed down Finjan, Inc. v. Blue Coat Systems, Inc. Finjan sued Blue Coat, a subsidiary of rival Symantec Corp., for patent...
IP Practicum: Maintenance Fees Required for All Reissue Family Members
On January 8, 2018, the USPTO quietly issued a notice that beginning on January 16, 2018, all reissue patent family members, as well as the original parent patent from which the reissue...
IP Data Trends & Analysis
The World Intellectual Property Organization (WIPO) releases data and statistics compiled over the world of various intellectual properties each year. These include patent, trademark, industrial...
Fed Circuit Watch: Time-Bar in IPR Institution Petition is Appealable
One January 8, 2018, the Court of Appeals of the Federal Circuit issued Wi-Fi One, LLC v. Broadcom Corp., in which the en banc panel held the PTAB decision to institute or not an inter partes review...
SCOTUS Watch: Musings on Oil States
As we await a decision from the U.S. Supreme Court on the constitutionality of IPRs before the PTAB at the USPTO, I reviewed two related points relevant to the underlying discussion in Oil States...
CannabIP: Trump Administration Rescinds Cole Memo
On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded the so-called Cole Memo limiting federal prosecution of marijuana offenses. The Cole Memo was enacted in 2013 under...
Patent Venue Post-TC Heartland Begins to Take Shape
Back in May 2017, the U.S. Supreme Court ruled in T.C. Heartland, LLC v. Kraft Foods Group Brands LLC, that patent venue selection was limited to the defendant’s state of incorporation or principal...
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