News & Analysis as of

USTPO

ITC Flourishes in 2016 As District Courts and PTAB Wither

by Jones Day on

As we have previously reported here, 2016 was a banner year for Section 337 proceedings at the ITC. Sixty new Section 337 related complaints were filed at the ITC—a 50% increase over the previous year. 2016’s tally exceeds...more

The USPTO Amends AIA Trial Rules: 4 Changes That You Need To Know

by Knobbe Martens on

On April 1, 2016, the U.S. Patent and Trademark Office (USPTO) issued amended final rules that govern trials under the America Invents Act (AIA), including inter partes review, post-grant review, covered business method...more

Constitutional Law vs. Trademark Law: Which Law Wins in the Battle of "Disparaging Trademarks": Part II

by Davis Brown Law Firm on

Earlier this week we covered Part I of this battle, trademark law. Now, let’s get to the second half: Constitutional law. Constitutional Law Considerations - Where do constitutional law considerations fit in...more

Quick Fixes and Proposed Rulemaking for PTAB Trial Rules Announced by Director Lee

Under Secretary of Commerce for Intellectual Property and USPTO Director, Michelle Lee, announced on Friday that a series of actual and proposed rulemakings aimed at improving post-grant proceedings before the PTAB will be...more

Federal Circuit Invalidates Myriad Primer and Method Claims as Lacking Subject Matter Eligibility

by Foley & Lardner LLP on

In a case styled as In re BRCA1- and BRCA2-Based Hereditary Cancer Test Patent Litigation (also known as Myriad v. Ambry), the Federal Circuit held four of Myriad’s “primer” claims and two of Myriad’s detection method claims...more

USPTO Extends Deadline to Comment on Subject Matter Eligibility Analysis

by Foley & Lardner LLP on

Yesterday at BIO’s session entitled “Patent-Eligibility from the Trenches: Practical Implications of the Supreme Court’s Prometheus (Mayo) and Myriad Decisions” a panel of experts and an engaged audience discussed the...more

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