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BCLP

Patent Office Withdraws Previous Discretionary Denial Guidance for Post-Grant Proceedings

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On Friday afternoon, February 28, 2025, the United States Patent and Trademark Office (USPTO) issued a brief “bulletin” rescinding a memorandum issued by the former Director Kathy Vidal (“Vidal Memo”) providing guidance on...more

McDermott Will & Emery

[Webinar] IP Focus | US Patent Law Under the New Trump Administration - February 5th, 10:00 am JST

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McDermott is committed to providing insightful commentary on intellectual property (IP) developments from around the world to our Japanese clients. During these sessions, a variety of speakers from McDermott’s offices in the...more

Holland & Knight LLP

Top Section 101 Patent Eligibility Stories of 2023

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Fire up some hot cocoa, turn up the Perry Como Christmas album and settle in to read this year's Top Section 101 Patent Eligibility Stories. But, as always, this season is about gathering with family and friends, watching...more

Haug Partners LLP

The Many Flavors of Inter Partes Review Estoppel: A Review and Update

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I. Introduction - The Leahy-Smith America Invents Act (“AIA”) was years in the making.  From the first patent reform bill introduced by Representative Lamar Smith in June 20052 until the final House and Senate debates in...more

Kilpatrick

5 Key Takeaways | How to Effectively Leverage the Chinese Patent System

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Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in California. Firm attorneys led two days of interactive discussions with clients on the latest developments in...more

Venable LLP

PREVAIL Act Reforms at the PTAB

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The Act’s Objectives - USPTO data indicate that as many as 80% of instituted Patent Trial and Appeal Board (PTAB) proceedings that reach a final written decision (FWD) result in the invalidation of at least one challenged...more

Holland & Knight LLP

Section 101 Patent Eligibility: A Quick News Roundup

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It's been a while since our last blog post, so let's do a quick roundup. In early April, the Solicitor General recommended that the U.S. Supreme Court hear two patent eligibility cases: 1) Interactive Wearables v. Polar...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senator Tillis' Patent Eligibility Reform Proposal: A Biopharma Perspective

Senator Thom Tillis (R-NC) introduced S. 4734, entitled "A Bill to amend Title 35, U.S. Code, to address matters relating to patent subject matter eligibility, and for other purposes" last night, as was discussed in an...more

McDonnell Boehnen Hulbert & Berghoff LLP

Senator Tillis Proposes Patent Eligibility Reform (Again)

Republican Senator Thom Tillis of North Carolina has released a new proposal to reform the text of 35 U.S.C. § 101.  The Senator's last effort in doing so died on the vine in 2019, purportedly due to stakeholders being too...more

McDonnell Boehnen Hulbert & Berghoff LLP

Before You Complain About So-Called Bad Patents, Read This

This weekend The New York Times published an editorial opinion entitled "Save America's Patent System."  It bemoans the purported prevalence of "bad patents" -- including "uninspiring tweaks" to existing products -- that...more

McDonnell Boehnen Hulbert & Berghoff LLP

Faux-Populist Patent Fantasies from The New York Times

On a spring Saturday in a year when three major holidays -- Easter, Passover, and Ramadan -- coincided or overlapped, The New York Times Editorial Board decided it was time to announce that the "United States Patent and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Congressional Republicans Propose to Abolish America Invents Act (and a Bit More)

It being the holiday season in America, it is perhaps appropriate that patent traditionalists get something more than coal in their stocking from Representatives Massie (R-KY), Gohmert (R-TX), Gosar (R-AZ), and McClintock...more

Jones Day

PTAB Touts Soaring MTA Pilot Program

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On December 3, 2020, the Patent Trial and Appeal Board (“PTAB”) released data regarding the usage and success rates of its Motion to Amend (“MTA”) Pilot Program (“Pilot”). All PTAB cases instituted on or after March 15, 2019,...more

Jones Day

PTAB Releases Update to Motion to Amend Study

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The Patent Trial and Appeal Board (PTAB) has published the sixth installment of its Motion to Amend Study. The study tracks and analyzes all motions to amend filed in America Invents Act trials, including pilot motions,...more

Holland & Knight LLP

The Three Biggest Section 101 Stories of 2019

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Jalen Rose often says that you got to give the people what they want, and it’s important to listen to Jalen. So here’s the holiday reading you’re craving. Refill your eggnog, turn on the Netflix fireplace, and curl up to read...more

Holland & Knight LLP

Patent Reform: An Interview with Alex Moss, Attorney at Electronic Frontier Foundation

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Alex Moss is a staff attorney on the Electronic Frontier Foundation (EFF) intellectual property team, focusing on legal issues that affect innovation and creativity of all kinds. She is specifically interested in Section 101....more

Holland & Knight LLP

Patent Reform: New Bipartisan Framework for Section 101 Eligibility Introduced in Congress

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Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.), along with Reps. Doug Collins (R-Ga.), Hank Johnson (D-Ga.), and Steve Stivers (R-Ohio), have unveiled a bipartisan and bicameral framework on Section 101 patent reform....more

Jones Day

New PTAB Pilot Program for Claim Amendments

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The USPTO has proposed a pilot program intended to make it easier to amend claims before the PTAB. (See the USPTO’s Request for Comments on Motion to Amend Practice and Procedures in Trial Proceedings under the America...more

Morgan Lewis

2017 PTAB Digest: The Latest Trends and Developments in Post-Grant Proceedings

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Recent patent reform legislation, rule changes, and court rulings are expected to have a significant impact on the strategies of both patent owners and petitioners....more

Proskauer - New England IP Blog

Rising Tide of State-Enacted Patent Reform

It started with Vermont in 2013. Since then, over half the states have enacted legislation aimed at curbing patent infringement suits from non-practicing entities. Now, the band may add another member: Massachusetts....more

Morrison & Foerster LLP

A Win for Kyle Bass’s Hedge Fund as the PTAB Dismisses Celgene’s Sanctions Motions

The Patent Trial and Appeals Board (PTAB) dismissed Celgene Corporation’s (“Celgene”) motions for sanctions against the Coalition for Affordable Drugs (“the Coalition”). As we previously reported, the Coalition is an...more

King & Spalding

Intellectual Property Newsletter - September/October 2015

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PTAB Update on Inter Partes Review - On August 19, 2015, the Director of the USPTO released a blog post reporting on the state of post-grant review proceedings created by the Leahy-Smith America Invents Act of 2011 and...more

King & Spalding

Patent Pending: The Outlook for Patent Legislation in the 114th Congress

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The field of patent law is in a state of flux. Just four years after the America Invents Act (“AIA”) went into effect, Congress is taking up the issue once again, this time seeking to pass legislation to curb abusive patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

A Sea Change for IPRs? Late-Breaking Section 11 Regarding IPRs Part of the PATENT Act Approved by Senate Judiciary Committee

As reported here last week, the Senate Judiciary Committee passed the PATENT Act bill, with a Managers Amendment that includes several IPR-specific provisions. With this Amendment, the PATENT Act now has two major...more

King & Spalding

Patent Litigation Reform Legislation: State of Play

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On April 29, Senate Judiciary Committee Chairman Charles Grassley (R-IA), along with fellow Committee members Orrin Hatch (R-UT), John Cornyn (R-TX), Mike Lee (R-UT), Patrick Leahy (D-VT), Chuck Schumer (D-NY), and Amy...more

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