On March 17, 2021, the ITC issued the public version of its opinion reversing ALJ Cameron R. Elliot's initial determination ("ID") that Complainant Universal Electronics, Inc. ("UEI")...

As reported in the decision, Medtronic distributed a video demonstration and a related slide presentation to spinal surgeons at various industry meetings and conferences in 2003.

The USPTO 101 Guidance document has been under a cloud when Judge Brinkema refused to follow the guidance in Cleveland Clinic Found. V. True Health Diagnostics LLC., affirmed at 760 F. App'x. 1013...

On January 27, 2021, the ITC issued a press release announcing their vote to institute an investigation in Certain Active Matrix OLED Display Devices and Components Thereof (Inv. No. 337-TA-1243).

On February 26, 2021, the ITC issued a Notice of Investigation in Certain Robotic Floor Cleaning Devices and Components Thereof (Inv. No. 337-TA-1252).

35 U.S.C. § 315(e)(1) and (2) are the statutory provisions regarding petitioner estoppel in IPRs.

In Sisvel Int'l S.A. v. Sierra Wireless, Inc., Appeal nos. 2022-1387 and 2022-1492, (Fed. Cir. 2023) the Court considered this issue of when was a claim broadened in a post grant proceeding.

In short, the bill presumes obviousness-type double patenting of any subsequent orange book listed patent and shifts the burden to the patentee to demonstrate otherwise.

In a purported effort to lower drug prices, the Department of Health and Human Services recently released a proposed plan calling for the US Food and Drug Administration to work with the US Patent and Trademark Office, …

Hindsight bias is not simply an old chestnut argued ad infinitum in response to obviousness challenges.

In Chemours Co. FC LC v. Daikin Industries Ltd. et al., 4 F.4th 1370 (Fed. Cir. 2021) reversed a PTAB decision finding the following claim to be unpatentable as obvious:

Andrew Ollis and Frank West authored an article featured in the June 15, 2022 on line edition of IAM Magazine, regarding the Federal Circuit's June 3, 2022 holding...

On Monday, September 16, 2020, the USPTO issued a press release announcing the launch of "a major initiative aimed at expanding invention, innovation, and entrepreneurship in the United States."

On July 16, 2019, the Patent Office published its 2019 Trial Practice Guide Update, a copy of which can be found here.

At the close of last year, the Federal Circuit affirmed a decision by the PTAB in IPR2019-00329 that a claimed range created from examples was not patentable because it lacked written description...

The Federal Circuit on February 9 decided another written description case involving a range not found in ipsis verbis in the patent specification in RAI Strategic Holdings Inc. v. Philip...

In a November 9, 2018 decision, the U.S. Court of Appeals for the Federal Circuit ruled that the doctrine of assignor estoppel does not apply in the inter partes review (IPR) context ...

Today the Supreme Court heard arguments in Texas v. Azar that the Affordable Care Act (ACA)'s individual coverage mandate is unconstitutional.

The Federal Circuit issued its decision in Saint Regis Mohawk Tribe et al v. Mylan Pharmaceuticals Inc., et al (18-1638) on July 20, 2018.

On February 8, 2021, the ITC issued the public version of its opinion in Certain Motorized Self-Balancing Vehicles (Inv. No. 337-TA-1000).