Category: Uncategorized

By Kevin E. Noonan – The new Director of the Patent and Trademark Office, Undersecretary of Commerce for Intellectual Property John A. Squires has spent the last few weeks making serious policy changes in the Office (see “New Director Overturns PTAB Procedural Precedents: Part I“; “USPTO Proposed New Rules Limiting the Availability of Inter Partes…

By Kevin E. Noonan – In a seemingly otherwise run-of-the-mill, albeit precedential, decision, the Federal Circuit affirmed a stipulated judgment of non-infringement in Aortic Innovations LLC v. Edwards Lifesciences Corp. The case arose in litigation over the claims of Aortic’s U.S. Patent Nos. 10,881,538, 10,966,846, 10,987,236, and 11,129,735 directed towards devices for transcatheter aortic valve…

By Michael S. Borella – From a technical standpoint, everything a computer does involves reading, manipulating, and storing information through microcode instructions that move around 0’s and 1’s. Each operation performed by a processor, such as addition, comparison, and data transfer, can be manually simulated as a series of these instructions. Undergraduate students in computer…

By Michael S. Borella – It has been over a decade since the Supreme Court blessed us with the two-step framework for patent eligibility under 35 U.S.C. § 101 in Alice Corp. v. CLS Bank. First, one must determine whether the claim at issue is “directed to” a judicial exception, and if so, one must…

By Kevin E. Noonan – It is fair to say (no matter what else can be said) that the current administration is outcome- rather than process-driven. This general inclination is true of the Department of Health and Human Services and the agencies contained thereinunder, and the Food and Drug Administration exhibited this tendency in a…

By Joshua R. Rich – Usually, when an issue is actually considered and resolved after a full and fair opportunity to litigate, the doctrine of issue preclusion can bar the losing party from relitigating the issue in another case.  That is, judicial economy is best served by not allowing a losing party a second bite…

By Michael S. Borella – The U.S. Patent and Trademark Office (USPTO) is trapped in a perpetual battle on two fronts.  First, there is their application backlog, which can extend patent pendency by months or years.  Second is the systemic challenge of patent quality.  These two problems are not independent of one another. Low-quality examination…

The Biotechnology Innovation Organization (BIO) will be holding its 2025 IP Conference on November 17-19, 2025 in Palm Springs, CA. The conference will offer presentations on the following topics: • Navigating the Road of Joint Inventorship• Public Disclosures and Patent Risks: US vs EP Perspectives• Antibody Inventions: The Life and Times of the Genus Claim•…

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled “Patent & Technology Law Developments: Personal Jurisdiction, Estoppel & Everything in Between” on October 30, 2025 from 2:00 pm to 3:00 pm (ET).  Aaron Chatterjee of Microsoft Corporation, Renée Fuller of Bristol Myers Squibb Company, and Paul McAndrews of McAndrews, Held & Malloy,…

By Joshua R. Rich — Under President Trump, the U.S. Patent and Trademark Office has sought to encourage the issuance of more patents and limit the ability to challenge them in post-grant proceedings; since John Squires was sworn in as Director, that process has accelerated tremendously. On October 16, 2025, the Office issued proposed rules…