Polin Chieu

Polin Chieu

Winstead PC

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Latest Publications


PTAB Finds Sovereign Immunity Applies to IPRs for State Universities

The Patent Trial and Appeal Board (PTAB) dismissed three inter partes review (IPR) proceedings involving the University of Florida based on sovereign immunity. As background, the University of Florida Research Foundation...more

3/1/2017 - Breach of Contract Declaratory Judgments Eleventh Amendment Immunity Inter Partes Review (IPR) Proceeding IP License License Agreements Patent Trial and Appeal Board Patents Remand Removal Sovereign Immunity State Universities

Major Record Labels file Copyright Suit Against YouTube-MP3.org

YouTube is a well-known video sharing website that allows users to view, upload, share, rate, and comment on videos. Generally, the user streaming the video from YouTube cannot download, copy, or save the video. Stream...more

11/3/2016 - Copyright Copyright Infringement Music Industry Music Streaming YouTube

USPTO Cancer Immunotherapy Pilot Program

In July 2016, the USPTO launched the Cancer Immunotherapy Pilot Program to provide a fast-track review for cancer immunotherapy-related patent applications without the need for applicants to pay a petition fee. Under this...more

9/8/2016 - Cancer FDA Investigational New Drug Application (IND) Patent Applications Patents USPTO USPTO Pilot Program

Functional Features in Design Patents

The treatment of functional features in design patents was discussed in the recent Federal Circuit case for Sport Dimension, Inc. v. The Coleman Company, Inc., Case No. 15-1553 (Fed. Cir. 2016). The Court rejected the...more

4/27/2016 - Claim Construction Design Patent Functionality Patent Litigation Utility Patents

Patent Issues Arising from Consulting Agreements (TriReme Med., LLC v. Angioscore, Inc., No. 15-1504 (Fed. Cir. 2016))

In a recent dispute between two medical device companies, a consultant’s alleged contributions to Angioscore patents became a central issue (TriReme Med., LLC v. Angioscore, Inc., No. 15-1504 (Fed. Cir. 2016)). The dispute...more

2/24/2016 - Assignment of Inventions Consultants IP License Medical Devices Patent Litigation Remand

Standard of Review for Claim Construction on Appeal

On January 20, 2015, the Supreme Court provided guidance on the standard of review for claim construction on appeal in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 12-854. The Court held “[w]hen reviewing a district...more

3/17/2015 - Appeals Claim Construction Clear Error Standard De Novo Standard of Review Evidence Patent Infringement Patents SCOTUS Standard of Review Teva Pharmaceuticals Teva v Sandoz

Patent Definiteness Requirement Update

The Supreme Court recently “conclude[d] that the Federal Circuit’s formulation, which tolerates some ambiguous claims but not others, does not satisfy the statute’s definiteness requirement.” Nautilus, Inc. v. Biosig...more

11/5/2014 - Definiteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

Ongoing Developments in Patent Law: Claim Construction on Appeal, Indefiniteness, and PTAB Decisions

There are a few patent cases to keep track of in the future that may have an impact on claim construction, indefiniteness, and Patent Trial and Appeal Board (PTAB) decisions. ...more

8/14/2014 - Claim Construction Indefiniteness Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Accelerated Patent Examination

According to the United States Patent Office’s annual report, the average total patent pendency in 2012 for patent applications was 32.4 months. For many patent applicants, this delay is unexpected and may significantly...more

5/13/2014 - Patent Examinations Patents USPTO

Patent Trolls, Defensive Groups, and Pooling

A common topic of patent reform discussions are patent trolls. Patent trolls, who often gather patent portfolios and assert patents against others in an effort to collect licensing fees or patent infringement damages, are...more

2/18/2014 - Patent Reform Patent Trolls Patents

Patent Protection in the U.S. and Abroad

With increasing globalization, it is important to consider patent protection outside of the United States. In the United States, utility patents provide protection on inventions for a new and useful process, machine,...more

11/12/2013 - Patent Litigation Patents

Patent Searching Basics

The United States Patent and Trademark Office (USPTO) maintains a free, searchable database. Before applying for a patent, a search for similar inventions is recommended to determine whether a patent is viable....more

8/14/2013 - Databases Due Diligence Patent Applications Patents USPTO

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