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3 weeks ago | 
ipwatchdog.com | Eileen McDermott |Steve Brachmann |Josh Sloat |James Gourley
“‘So, there are constitutional claims that can’t be heard anywhere,’ remarked one of the three judges. ‘Isn’t that a constitutional problem in its own right?’”The U.S. Court of Appeals for the D.C. Circuit heard oral arguments today from both Greg Dolin of the New Civil Liberties Alliance (NCLA), on behalf of Judge Pauline Newman, and Melissa Patterson, on behalf of the Judicial Council of the Federal Circuit, in Newman v.
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3 weeks ago | 
ipwatchdog.com | Josh Sloat |James Gourley |David Jackrel |Eileen McDermott
As more and more states relax restrictions on both medical and recreational uses of marijuana and hemp, the U.S. cannabis industry is projected to reach $50 billion in sales this year and over $74.6 billion by 2032. This rapid growth is occurring despite immense challenges posed by a complex and conflicting web of legal disparities between federal and state laws.
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Feb 13, 2025 | 
ipwatchdog.com | Eileen McDermott |Steve Brachmann |Daniel Wright |Josh Sloat
IPWatchdog LIVE Moves to March in 2025: Click for details “Vidal’s brief claims the Eastern District of Texas’ jury instructions regarding patent eligibility ‘misstate the relevant [Alice step two] inquiry, and their use in this case—and in others that use them as a model—constitutes reversible error.’” Former U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal, now with Winston & Strawn, filed an amicus brief on Tuesday in an appeal to the U.S. Court of Appeals for the Federal...
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Feb 12, 2025 | 
ipwatchdog.com | Daniel Wright |Josh Sloat |David Jackrel |Eileen McDermott
IPWatchdog LIVE Moves to March in 2025: Click for details So, your patent application got rejected. Now what? In this month’s episode of Patently Strategic, we’re talking about rejection. Specifically, the type that comes from the patent office in the form of an intimidating-sounding three-digit number when your application gets denied by an examiner.
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Dec 9, 2024 | 
ipwatchdog.com | Kristen Hansen |David Jackrel |Josh Sloat |Steve Brachmann
Support IPWatchdog with an individual sponsorship: Click here An invention cannot be patented if the differences between a claimed invention and the prior art are such that the claimed invention as a whole would have been obvious to a person having ordinary skill in the art at the time the invention was made.
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Nov 8, 2024 | 
ipwatchdog.com | Eileen McDermott |Joseph Allen |Steve Brachmann |Josh Sloat
Support IPWatchdog with an individual sponsorship: Click here “I am not convinced that injury for interference with property provides the necessary ‘close historical or common-law analogue’ to Plaintiffs’ alleged injury.”- District Court opinion The U.S. District Court for the Southern District of New York on Thursday, November 7, dismissed a copyright infringement complaint filed by Raw Story Media and Alternet Media against OpenAI, holding that the news outlets lacked Article III standing...
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Nov 7, 2024 | 
ipwatchdog.com | Josh Sloat |Julie Burke |David Jackrel
Support IPWatchdog with an individual sponsorship: Click here Patent examiners can make mistakes. Patent office clerks can misfile paperwork and cause procedural errors. The software tools, document formats like DOCX, and the IT systems your application passes through can have bugs. What recourse do you have when quality issues creep in at this stage? This is where petition practice, fortunately, comes to the rescue.
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Sep 11, 2024 | 
ipwatchdog.com | Ashley Sloat |Ty Davis |Josh Sloat |David Jackrel
Void of pursuing continuations, the language of your patent is frozen in time at issuance. The specifics of the enforceable boundaries of your protection are forever fixed to the claims you chose to pursue with your initial application – but not necessarily with the full breadth of your invention as conceived. For many reasons, practitioners and inventors will often choose to limit how much of an invention is claimed in an initial application. But then the future happens. Case law changes.
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Aug 6, 2024 | 
ipwatchdog.com | Eileen McDermott |Josh Sloat |Matt Phillips |Gene Quinn
“The CAFC first explained that patent ineligibility is an affirmative defense and the district court thus ‘misspoke’ when it said during oral argument ‘[w]e are not talking about an affirmative defense.’ However, ‘this error in word choice was harmless….,'” said the court.
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Aug 6, 2024 | 
ipwatchdog.com | Josh Sloat |Matt Phillips |David Jackrel |Ty Davis
The most terrifying thing that can happen to a patent owner is receiving an inter partes review (IPR) petition. This is a tool that accused infringers can use to invalidate patents. And they have … to alarming effect. As we’ve discussed, the kill rate at the Patent Trial and Appeal Board (PTAB) is staggering.
