Patent Law Weblog
recent posts
- Moderna Settles Patent Litigation with Arbutus et al.
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
- Why AI Will Not Take Over the World
- BioNTech Sues Moderna over mRNA Vaccine Technology
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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…
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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…
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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…
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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…
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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•…
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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,…
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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…
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By Kevin E. Noonan — The advent of a new administration always carries with it changes in how the laws are executed and applied, and patent law is both no exception and tends (at least in recent years) to appear to be fraught with dramatic changes in emphasis (at least on certain aspects of the…
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To paraphrase Chicago Bulls legend, Michael Jordan, Patent Docs would like to announce that we are back! A few of our readers have noticed that it has been awhile since we last posted, and you may have noticed that there were a few “issues” with the way Patent Docs appeared on your browser earlier this…
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By Kevin E. Noonan — On April 29th, Ambassador Jamieson Greer, U.S. Trade Representative (USTR), issued the 2025 Special 301 Report. In a press release (being quite different in tone from many over the past decade), the USTR stated that "[o]ur trading partners must address the concerns identified in the Special 301 Report and stop those…
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