By Scott Graham | October 13, 2021
Four months after the Supreme Court decided Arthrex v. Smith & Nephew, a Federal Circuit judge has suggested that the decision didn't go far enough.
By Andrew Goudsward | September 28, 2021
The move reunites Dan Berkovitz with SEC Chair Gary Gensler.
By Scott Graham | September 13, 2021
Veteran investigative attorney Monica Bhattacharyya of the International Trade Commission's Office of Unfair Import Investigations will become one of the agency's six ALJs. She also has practiced IP law at Kasowitz Benson Torres, Kirkland & Ellis and other firms.
By Scott Graham | September 1, 2021
Two judges question the propriety of Caltech tagging Apple and Broadcom with wildly different royalty rates for the same infringing chips used in the same products. Quinn Emanuel's Kathleen Sullivan said it's as simple as two different comparable licenses—one for the supplier and another for the manufacturer.
By Scott Graham | August 3, 2021
Drew Hirshfeld issued brief orders Monday rejecting rehearing requests from two litigants who had lost validity challenges at the Patent Trial and Appeal Board. The extra layer of review is designed to address Supreme Court concerns about the accountability of PTAB judges.
By Scott Graham | July 8, 2021
Qualcomm, Sanofi-Aventis and Uniloc 2017 are among the patent owners who formally gave up their right Wednesday to maintain Appointments Clause challenges before the Federal Circuit. But others represented by Sterne, Kessler, Goldstein & Fox and Kramer Levin Naftalis & Frankel are trying one last long-shot strategy.
By Scott Graham | June 29, 2021
The agency has issued interim rules that permit the PTO director to review final decisions of the PTAB on their own motion or at the request of a party.
By Andrew Goudsward | June 22, 2021
Christopher Fonzone reported more than $400,000 in compensation from his work in Sidley Austin's privacy and cybersecurity group.
By Scott Graham | June 21, 2021
The administrative judges of the Patent Trial and Appeal Board look like principal officers who should have been appointed by the president and confirmed by the Senate, a majority of the court ruled. But the court is getting around that problem by letting the PTO director conduct final review of each decision, rendering the APJs inferior officers.
By Scott Graham | June 17, 2021
The PTO kept sending mail to an incorrectly provided street address, even though it had an email, a telephone number and a unique customer identifier it could have cross-checked. Judge Leonie Brinkema ruled that it was likely arbitrary and capricious for the PTO to withdraw a patent application under those circumstances.
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