News & Analysis as of

House and Senate Bills Would Provide Incentive for Repurposing Old Biologics

Last month, Sen. Richard Blumenthal (D-CT) and Rep. Joaquin Castro (D-TX) introduced legislation in the Senate and House, respectively, that would extend the term of certain patents claiming a method of using a biological...more

Senate Judiciary Committee Tables Patent Reform, Again

The Senate Committee on the Judiciary was set to consider the Patent Transparency and Improvements Act of 2013 (S. 1720) earlier today during an Executive Business Meeting. Instead, the Committee again tabled the bill, this...more

Judge Robinson revises her procedures: how will patent litigation change in Delaware? Top points

Judge Sue L. Robinson, the longest-tenured judge in the District of Delaware, changed her procedures and form scheduling order (hereafter, the Revised Order) last week. Judge Robinson has often compared herself to an...more

Stopping Bad Patents -- Senator Schumer Takes on the "Patent Trolls"

In what turned out not to be an April Fools' Day joke, Senator Charles Schumer (at right) of New York participated earlier today in a Google+ Hangout sponsored by the Internet Association. According to their website, this...more

Intelletual Property Newsletter - March 2014

In This Issue: - USPTO Issues New Guidelines for Determining Subject Matter Eligibility of Claims - Eastern District of Texas Unveils New Patent Case Track - Opening Briefs Submitted to U.S. Supreme Court in...more

Watch out USPTO, JPO is Coming!

The Japanese government has announced an initiative to reduce patent examination time from 2.5 years to about 14 months. When they achieve 14 months examination time, the Japanese Patent Office (JPO) will provide the shortest...more

Senate Judiciary Committee Takes Up, Then Tables, Patent Reform

Earlier today, the Senate Committee on the Judiciary held an Executive Business Meeting in which the Patent Transparency and Improvements Act was considered, then held over for another week. Nevertheless, several members of...more

New Scheduling Order May Preview Future Delaware "Local Patent Rules"

On March 24, 2014, Judge Sue L. Robinson of the District of Delaware adopted a new model Scheduling Order for patent cases litigated in her court. Apart from providing a comprehensive set of deadlines for virtually every...more

Move over, Congress: The Supreme Court may be this year’s game-changer on patent reform

In a normal year, the U.S. Supreme Court does not normally grant certiorari to patent law cases. In a good year, the Supreme Court may grant certiorari to a single case impacting patent law. In 2014, the nation’s highest...more

Wisconsin Legislators Pass Bill to Thwart “Patent Trolls”

On March 20, 2014, Wisconsin lawmakers passed a bill in an attempt to limit the ability of non-practicing entities (NPE) – also commonly referred to as “patent trolls” – to file claims demanding patent licensing payments. ...more

USPTO Eases Requirements for Track I Prioritized Examination

In a Federal Register Notice issued March 5, 2014, the USPTO announced interim rules under the Track I prioritized examination program that ease the formal requirements for obtaining Track I prioritized examination of a new...more

Down the rabbit hole: Alice case chases the elusive white rabbit of patent reform

Patent trolls — non-practicing entities best known for threatening expensive patent litigation in order to collect licensing fees from accused infringers — are a well-documented problem. Measures aimed at reforming patent...more

Two Important Bills for IP Rights Holders Adopted in France

This OnPoint covers the implications of two important recent developments for IP rights holders in France: (i) the ratification by the French parliament of the Agreement creating the Unified Patent Court (law no. 2014-199,...more

Eastern District of Texas Creates “Track B” for Efficient Management of Patent Cases

On February 25, Chief Judge Leonard Davis of the Eastern District of Texas issued a general order regarding a new specialized case management procedure available for patent cases in the district. The order creates a special...more

Patent Litigation and the Proposed Innovation Act of 2013  [Video]

Robert Greene Sterne, founding director of the intellectual property law firm Sterne, Kessler, Goldstein & Fox P.L.L.C., speaks on the proposed Innovation Act of 2013. Currently before the United States Congress, the proposed...more

Senate Legislation Update -- The Commerce Committee Gets in the Act

Last Thursday, Sen. McCaskill, along with Sen. Rockefeller, introduced the "Transparency in Assertion of Patents Act" (S. 2049). Of course, several other bills are currently pending in the Senate that have been introduced by...more

Lawmakers Go Hunting for “Patent Trolls”

Oregon has now become the second state to take aim at non-practicing entities (NPEs), more colorfully called “patent trolls,” with laws addressing patent enforcement. On February 25, 2014, the state attorney general...more

A Minor Shift in Patent Term Adjustment Calculations - Novartis AG v. Lee; Exelixis, Inc. v. Lee

Presented with a challenge to patent term adjustments as determined by the Patent and Trademark Office (PTO) under 35 U.S.C. § 154(b), the U.S. Court of Appeals for the Federal Circuit held that post-allowance delays are ...more

Angels Rush in Where Fools Fear to Tread: State Enforcement Against Patent Trolls

I. INTRODUCTION - Nobody likes trolls — those mythical creatures, “considered dangerous to human beings,” who hide under bridges waiting to prey on unsuspecting travelers. Like their mythological namesakes, patent...more

Patent Reform – Limiting the Number of Patents?

Proposals for reforming the patent system are popular topics these days. One of the ideas floating around is that the number of patents issued, or possibly the number of patent applications accepted, per year should be...more

Patent Issues Remain a Priority for the White House

On February 20, 2014, the White House hosted an event "highlight[ing] progress on the [Obama] Administration's patent policy agenda." Orrick intellectual property attorney Wesley Helmholz attended the event at the White...more

White House Seeks to Promote Transparency Concerning Patent Ownership

Last week, the Obama Administration announced "major progress on a series of initiatives designed to combat patent trolls and further strengthen our patent system and foster innovation" (see "The White House Releases Update...more

The White House Releases Update on "Protecting American Inventors and Innovators"

Earlier today, the White House provided an update on the five executive actions that it announced in June of 2013. At the time, we reported on the President's legislative recommendations and executive initiatives, as well as...more

Patent Holders Beware in America Invents Act Review Proceedings

The impact of the new post-grant review provisions of the America Invents Act (“AIA”) are beginning to be felt. The U.S. Patent and Trademark Office (“USPTO”) recently issued an opinion invalidating key claims of a patent in...more

Spain launches a reform of the Intellectual Property Law. Including the so-called “Google News tax” on use of copyrighted...

The Spanish Council of Ministers has just approved a draft law for the partial reform of the Intellectual Property Law. It will be now submitted to the Spanish Parliament for discussion and final approval....more

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