Category: Uncategorized

By Joshua Rich – On Friday the 13th, the U.S. Court of Appeals for the Federal Circuit issued its decision in Apple Inc. v. Squires, which turned into a Nightmare on Madison Place for Apple’s chances to challenge the use of (now obsolete) NHK/Fintiv factors for IPR institution.  Although the appeal dealt with a narrow…

By Michael Borella – The patent world is no stranger to hype cycles.  We have seen blockchain, NFTs, and the Internet of Things all promised as revolutionary technologies.  But generative artificial intelligence (GenAI) feels different.  It is not just a new technology to patent – it is a tool that its proponents contend can do…

By Kevin E. Noonan – One of the characteristics of the response to the COVID-19 pandemic were the pledges from companies involved in developing vaccines (such as Moderna, Pfizer, BioNTech, and others) not to enforce patents on relevant technology during the duration.  That restraint has long-since vanished (as has the global pandemic effects of the…

By Kevin E. Noonan – Dickens’s Bleak House has long stood as an exemplar for the perils of interminable litigation where no one benefits (except, perhaps, the lawyers; see Jarndyce v. Jarndyce).  In a case already somewhat notorious for its subject matter, Allen v. Cooper (2020), on remand back from the Supreme Court upholding North Carolina’s…

By Donald Zuhn – We previously reported that the China National Intellectual Property Administration (CNIPA) had begun requiring that Applicants submit an inventor ID number for every inventor along with each inventor’s nationality for Chinese patent applications filed on or after January 1, 2026 (see “CNIPA Implements Inventor ID Requirement“).  Pursuant to the change in CNIPA’s…

By Garrett “Jake” Lee and Andrew Velzen – Introduction On January 16, 2026, the Federal Circuit rendered an opinion in Gamevice, Inc. v. Nintendo Co. regarding the dispute surrounding U.S. Patent No. 9,808,713 (the ‘713 patent) and U.S. Patent No. 10,391,393 (the ‘393 patent) (both patents being owned by Gamevice, Inc. (“Gamevice”)).  A third patent, U.S.…

By Joshua Rich and Kevin E. Noonan – The Hatch-Waxman Act has always represented a delicate balance between the interests of innovator and generic drugmakers: innovators seek to maintain exclusivity as broadly and long as possible, generics seek to come to market as soon as possible and leverage previous marketing by the innovators as much…

By Kevin E. Noonan – In recent years, the Federal Circuit has, with varying levels of agreement, considered what behavior by generic drugmakers constitutes inducement of infringement regarding so-called “off-label” prescribing for indications not covered in their approved label (known as a “skinny label; see “GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2020)“).  In…

By Donald Zuhn – The China National Intellectual Property Administration (CNIPA) has instituted a change in its inventor information requirements.  For Chinese patent applications filed on or after January 1, 2026, Applicants must submit an inventor ID number for every inventor along with each inventor’s nationality.  The nationality of each Inventor mustbe submitted at the time an…

By Kevin E. Noonan – The preclusive scope of 35 U.S.C. § 314(d) regarding decisions on instituting post grant review proceedings (specifically, inter partes review or IPR) has been decided several times by the Supreme Court since enactment of the Leahy-Smith America Invents Act in 2013 to be very preclusive (see Cuozzo Speed Technologies, LLC…