On June 29, 2021, the Office issued the following guidance on an interim Director review process following the Supreme Court's decision last week in United States v. Arthrex, Inc:

On June 15, 2022, Velodyne Lidar USA, Inc. of San Jose, California ("Velodyne") filed a complaint requesting that the ITC commence an investigation pursuant to section 337.

What the panel did was to focus on one limitation in independent claim 1 in GED's patent.

Last week the Federal Circuit denied West-Ward's petition for rehearing en banc.

The panel therefore held that the claims were not directed to patentable subject matter.

On December 27, 2021, Chief ALJ Charles E. Bullock issued the public version of Order No. 11 granting Complainant Draft Top, LLC's ("Draft Top") motion for summary determination of violation of section 337...

On October 28, 2021, the Commission issued the public version of its opinion vacating the initial determination ("ID") in Order No. 10 with respect to the economic prong of the domestic industry requirement...

The Federal Circuit has ruled that patents cannot be saved when an undisputed joint inventor is omitted and cannot be added due to inability to provide required notice. This case of first impression establishes that omitted coinventors are "parties concerned" under 35 U.S.C. § 256(b), entitled to notice regardless of economic interest, and that failure to satisfy this statutory requirement results in patent invalidity even when all parties agree on inventorship.

In Galperti, Inc. v. Galperti S.r.L., 2021 USPQ2d 1115, 2021 U.S. App. LEXIS 33616 (Fed. Cir. Nov. 12, 2021), the Federal Circuit addressed a challenge to Galperti S.r.L.'s ("Galperti-Italy") ...

In a recent ruling regarding Pfizer's pneumococcal vaccine patent (U.S. Patent No. 9,492,559), the Federal Circuit upheld most of the Patent Trial...

The Federal Circuit in In re Cellect, Appeals Nos. 2022-1293, 2022-1294, 2022-1295, 2022-1296 held that the earliest patent to expire in a series of patents subject to obviousness-type double patenting (ODP) controls.

On January 6, 2022, the ITC issued a Notice of Final Determination finding a violation of section 337 by Respondent Google, Inc. ("Google")

On March 15, 2021, the ITC issued a Notice of Investigation in Certain Apparatus and Methods of Operating Containers (Inv. No. 337-TA-1255).

On May 13, 2021, the ITC issued a Notice of Investigation in Certain Fitness Devices, Streaming Components Thereof, and Systems Containing Same (Inv. No. 337-TA-1265).

On April 28, 2022, the ITC issued a Notice of Investigation in Certain Mobile Electronic Devices (Inv. No. 337-TA-1312).

On June 1, 2022, the ITC issued a Notice of Investigation in Certain Graphic Systems, Components Thereof, and Digital Televisions Containing the Same (Inv. No. 337-TA-1318).

The ITC has issued a press release announcing a new pilot program to allow interim initial determinations ("IDs") by ALJs in section 337 investigations.

On Dec. 1, 2021, the Federal Circuit held that Moderna lacked standing in an appeal from a Patent Trial and Appeal Board ("PTAB") decision against rival Arbutus where the PTAB determined U.S. Patent No. 9,364,435 ("the '435 patent") was not unpatentable as obvious.

Motions to amend (MTAs) are generally disfavored. The prevailing approach calls for patentees to file an MTA in Inter Partes Review (IPR) only in limited circumstances.

The USPTO argues that a petitioner who has received a favorable final written decision in an IPR is estopped from reusing the same winning argument in a district court.