In a precedential opinion, the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) finding of obviousness invalidating a patent’s method claims for administering a drug for treating non-small cell lung (NSCLC) cancer.[1] The PTAB found that it
IP Intelligence
Insight on Intellectual Property
The IP Intelligence blog, published by Baker & Hostetler LLP, focuses on intellectual property law developments including patent eligibility, trademark enforcement, and regulatory investigations related to emerging technologies. It covers legal issues such as method of treatment claims in patents, extraterritorial application of trademark laws, and legislative efforts to clarify patent eligibility standards. The blog also addresses enforcement challenges in online marketplaces, the impact of federal investigations on AI technologies, and nuances in trademark rights involving common law users. Its content is aimed at providing updates and analysis on IP litigation, regulatory scrutiny, and legislative changes affecting intellectual property rights and enforcement strategies.
Latest from IP Intelligence - Page 19
Proving That a Negative Claim Limitation Is Disclosed by the Prior Art: Takeaways From Two Recent Federal Circuit Opinions
Occasionally, a patentee will seek to define its invention with claims that recite a negative claim limitation – a specialized category of claim element that recites an element that is expressly and deliberately excluded.[1]
By way of example, a…
Director of PTO Requests Chevron Deference for Precedential Opinion Panel
The Federal Circuit recently asked the government to submit an amicus brief to address “what, if any, deference should be afforded to decisions of a Patent Trial and Appeal Board Precedential Opinion Panel (‘POP’), and specifically to the POP opinion…
Session not Season
When the Supreme Court opens its new session on Oct. 7, one of the cases it will determine, Romag Fasteners, Inc. v. Fossil, Inc., et al. Case No. 2018-2417, is expected to resolve a stark difference among circuits over when…
Precedential Opinion Stressing That Design Patents Cover Articles of Manufacture
By Tayan Patel
Curver Luxembourg, SARL v. Home Expressions Inc., No. 2018-2214 (Fed. Cir. Sept. 12, 2019)
In a case of first impression, the Federal Circuit held that “claim language can limit the scope of a design patent…
USPTO Proposes New Fee Schedule
By John Mueller
On August 29, 2019, the Director of the USPTO notified the Trademark Public Advisory Committee (TPAC) of the Office’s intent to set or adjust trademark related fees and submitted a preliminary trademark fee proposal for comment. There are multiple timelines…
Federal Circuit Confirms the Value of Design Patents Covering Replacement Parts
On July 23, 2019, the Federal Circuit departed from its utility patent-focused docket to deliver a precedential opinion relating to design patents in Auto. Body Parts Ass’n v. Ford Global Techns., LLC. At issue were the validity and enforceability of…
Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA
By Craig Cupid
Protection From Additional Liabilities
Once a company is found ineligible for DMCA safe harbor, it is vulnerable to be found liable for copyright infringement claims. Copyright holders may pursue secondary liabilities such as vicarious, contributory or induced infringement.
Secondary liabilities…
Part 2: Companies Are Not Complying With the Safe Harbor Provision of the DMCA
By Craig Cupid
Compliance With Notice and Takedown Provisions of the DMCA
In 17 U.S.C. § 512, subsections (c) and (d), special notice and takedown provisions are outlined for OSPs that host copyrighted materials on their platform or contain links to copyrighted material…
To Cajole to Threaten: How Best to Curb Online Counterfeiting
I. Introduction
The Trump administration, addressing efforts to curb online counterfeiting, has called for heightened collaboration, at times suggesting providing private parties with technological resources to help combat online counterfeiting. At the same time, the administration has bemoaned the lack…