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USPTO Requests Comments on the Experimental Use Exception

The United States Patent and Trademark Office ("USPTO") is seeking public input about the need for a statutory experimental use exception in light of the common law jurisprudence. ...more

Fees Incurred in Voluntary Parallel IPR Unrecoverable

On May 20, the Federal Circuit held fees incurred in voluntary parallel IPR proceedings were not recoverable under 35 U.S.C. § 285. Dragon Intell. Prop. LLC v. DISH Network L.L.C., No. 2022-1621, slip op. at 8 (Fed. Cir. May...more

USPTO Proposes Expanding Opportunities for Non-Registered Practitioners

The PTO has issued a Notice of Proposed Rulemaking regarding who may represent parties in PTAB post-grant trials. The proposal is part of the USPTO’s wider initiative to expand access to practice before the Office. ...more

Federal Agencies Seeking Patent Seizure Authority Through Draft NIST Guidance

The Situation: On December 8, 2023, the National Institute of Standards and Technology ("NIST") released a proposed framework for federal agencies regarding the exercise of the government's march-in rights for federally...more

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