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1 week ago | 
ipwatchdog.com | Eileen McDermott |Gene Quinn |Steve Brachmann |Stephen Schreiner
“PERA 2025 still says that unmodified human genes as they exist in the human body are not patent eligible, but prior versions of the bill said that isolation of genes was considered a modification.”Senators Marsha Blackburn (R-TN) and Mazie Hirono (D-HI) today signed onto the Patent Eligibility Restoration Act of 2025 as co-sponsors with Senators Thom Tillis (R-NC) and Chris Coons (D-DE).
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1 week ago | 
ipwatchdog.com | Eileen McDermott |Gene Quinn |Steve Brachmann |Stephen Schreiner
“The petition argued that ‘[p]atents would provide little protection if confined to the strict, literal terms of their claims; ‘[o]utright and forthright duplication is a dull and very rare type of infringement,’ and ‘[t]o prohibit no other would place the inventor at the mercy of verbalism.’” The U.S. Supreme Court on Monday declined to grant a number of IP petitions, including one in which a divided panel of the U.S. Court of Appeals for the Federal Circuit (CAFC) ruled in October 2024 that...
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1 week ago | 
ipwatchdog.com | Steve Brachmann |Gene Quinn
“Siding with Apple, the Federal Circuit ruled that the district court’s verdict form violated Apple’s right under the Seventh Amendment to a jury trial on each legal claim against it presented by Optis.”Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling in Optis Cellular Technology, LLC v. Apple, Inc. vacating infringement and damages judgments awarded to Optis by the Eastern District of Texas.
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1 week ago | 
ipwatchdog.com | Eileen McDermott |Gene Quinn
“The large number and vast scope of the patents asserted in the district court litigation… weighs against discretionary denial, as the Board is better suited to review a large number of patents involving diverse subject matter.” – Director Discretionary Denial Decision in IPR2025-00341 Following the release of 11 Director Review decisions on discretionary denial on Thursday, June 12, Acting Director Coke Morgan Stewart issued two additional decisions late Friday, both of which denied the...
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1 week ago | 
ipwatchdog.com | Stephen Schreiner |Gene Quinn |Steve Brachmann
“In finding that the petitioner’s prior knowledge of the patent and its failure to act outweighed these other factors, the Director has effectively established a new basis for discretionary denial under Section 314(a) to add the existing list.”The recent decision in iRhythm Technologies v. Welch Allyn Inc., IPR2025-00377, et al.
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1 week ago | 
ipwatchdog.com | Gene Quinn |Steve Brachmann
“When you take away incentives you will get less innovation—and not limited to the targeted category of innovation… If there are fewer medical diagnostics there will be fewer medical devices and treatments.”It’s easy to talk about innovation. But true innovation is groundbreaking, disruptive and transformative. And that type of innovation, which is the kind that we say we most desperately need and want, doesn’t happen in a vacuum.
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2 weeks ago | 
ipwatchdog.com | Gene Quinn |Steve Brachmann |Eileen McDermott
Earlier today the United States Patent and Trademark Office (USPTO) posted job openings for patent examiners and trademark examining attorneys on USAJobs.gov. The USPTO receiving authority by the Trump Administration to hire was no easy lift. IPWatchdog has learned that the USPTO has been tirelessly working with the U.S. Office of Personnel Management (OPM) for 4+ months in an effort to convince OPM to give the USPTO a waiver that would allow the Office to once again start hiring examiners.
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2 weeks ago | 
ipwatchdog.com | Steve Brachmann |Gene Quinn |Eileen McDermott
“‘Fraunhofer’s more-than-five-year silence in asserting infringement, in light of its clear knowledge of that infringement, rose to the level [of] misleading conduct,’ said the CAFC. However…Sirius XM never established that it considered Fraunhofer’s silence during its decision-making process.”Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v. Sirius XM Radio Inc.
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2 weeks ago | 
ipwatchdog.com | Eileen McDermott |Gene Quinn |Steve Brachmann
“Petitioner’s awareness of Patent Owner’s applications and failure to seek early review of the patents favors denial and outweighs the above-discussed considerations.”- Director’s Discretionary Denial Decision U.S. Patent and Trademark Office (USPTO) Acting Director, Coke Morgan Stewart, issued a Director’s Discretionary Denial Decision on Friday denying institution of five inter partes reviews (IPR) in which several factors weighed against denial but the failure of the petitioner to...
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2 weeks ago | 
ipwatchdog.com | Gene Quinn |Steve Brachmann |Eileen McDermott
“The two big problems facing the pharmaceutical industry are price controls and an exaggerated incentive to abandon small molecule drugs in favor of biologics.”Over the last several years the pharmaceutical industry has come under increased pressure.
