Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
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Category: Miscellaneous
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By Donald Zuhn — In a letter sent to President Joseph Biden at the end of March, Sen. Patrick Leahy (D-VT), Chairman of the Senate Subcommittee on Intellectual Property, and Sen. Thom Tillis (R-NC), Ranking Member of the Subcommittee on Intellectual Property, asked the President to "prioritize the appointment of intellectual property officials within the…
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By Donald Zuhn — Last month, Intellectual Property Owners Association (IPO) President Daniel J. Staudt sent a letter on behalf of the IPO to President-Elect Joe Biden and Vice President-Elect Kamala Harris "to recommend that intellectual property (IP) law and policy be priorities in your administration." The letter states that: The IP system is fundamental…
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The authors and contributors of Patent Docs wish their readers and families a Happy Holidays! It is also our hope that all of our readers, along with their families and friends, stay safe during the holiday. Publication of Patent Docs will resume on December 27th.
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The authors and contributors of Patent Docs wish their readers and families a Happy Thanksgiving. It is also our hope that all of our readers, along with their families and friends, stay safe during the holiday. Publication of Patent Docs will resume on November 28th.
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By Donald Zuhn — Last month, the Federal Circuit affirmed an Order by the U.S. District Court for the Northern District of California, finding that Appellant Walter A. Tormasi lacked the capacity to sue under Federal Rule of Civil Procedure 17(b). Mr. Tormasi had filed suit against Appellee Western Digital Corp., asserting that Western Digital…
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Ninth Circuit Overturns District Court Judge Lucy Koh's Decision That Qualcomm's Licensing and Chip Sales Practices Are Antitrust Violations By Kevin E. Noonan — The Federal Trade Commission has a history of taking positions and aggressively pursuing them, despite getting reversed (sometimes continually) by Circuit Courts (see "Reverse Payments in Generic Drug Settlements"), although occasionally…
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Supreme Court Rules That Booking.com Is Not Generic and Declines to Impose a "Nearly Per Se" Rule of Genericness for "Generic.com" Trademarks By Eric R. Moran — Today, the U.S. Supreme Court issued a much-anticipated opinion in a trademark case directed to what it means for a trademark to be generic, and hence not subject…
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By Kevin E. Noonan — On June 10th, Judge Manish S. Shah, U.S. District Court Judge for the Northern District of Illinois, dismissed (without prejudice) a class action lawsuit against AbbVie and AbbVie Biotechnology Ltd. by consumer groups, drug wholesalers, and unions (including the City of Baltimore, Miami Police Department insurance trust fund, and a…
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By Joshua Rich — The Computer Fraud and Abuse Act ("CFAA") is a Federal criminal statute intended to protect government and other "protected computers" from hacking. Among other things, the CFAA serves as the basis for punishing anyone who "intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains . . .…
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By Kevin E. Noonan — In a decision containing not a small amount of whimsy (more regarding that aspect anon), Justice Kagan, joined almost unanimously by her brethren today upheld a State's (here, North Carolina) sovereign immunity against suit for copyright infringement, in Allen v. Cooper. The case (and the whimsy) arose over Petitioner Allen's…
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