Counterfeit electronics coming from China are increasingly problematic for many companies.  The proportion that are seized by US customs is miniscule compared to those that make it into the country, despite recent efforts. Raids on the sources of such goods (e.g. a factory) may not help much because, in many cases, other sources can quickly take over production. This issue was recently discussed (here) by The Information’s reporter Wayne Ma, who interviewed Squire…

In United States v Arthrex, the Supreme Court held that 35 U.S.C. §6(c), which sets forth the authority of Patent Trial & Appeal Board (“PTAB”) Administrative Patent Judges (“APJs”), is unconstitutional because APJs effectively wield the power of principal officers (who require Senate confirmation) while being appointed as inferior officers (who do not require Senate confirmation) (see our prior blog here). The U.S. Patent and Trademark Office has begun charting its path forward for devising…

The progress on the ratification of the Agreement on a Unified Patent Court (UPC Agreement) had been delayed due to two constitutional complaints filed before the Constitutional Court in Germany. It was not the first attack on German UPC legislation. A first act of approval had been adopted by the Bundestag in March 2017, but was declared invalid by the Constitutional Court in February 2020 based on a complaint about how the UPC legislation had…

Much of the discussion about the Federal Circuit’s precedential opinion in Yu et al. v. Apple, Inc. et al. has focused on the perceived confusion and dysfunction of U.S. patent law that invalidates a claim directed to an “improved digital camera” as a patent-ineligible “abstract idea.” After delving into the underlying record, this author posits that the Federal Circuit’s opinion has more to do with the manner in which the patent was asserted in the…

The recent US$69 million sale of an “NFT” by digital artist Beeple in March 2021 generated considerable attention, both within and outside the realm of art. NFTs are digitally unique “non-fungible tokens,” based on block chain technology, that are used to manage the IP rights of artists in underlying works. New and innovative uses for NFTs are arising now across a variety of industries. As discussed by our colleagues, such uses present a host of…