30 January

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PTAB Refuses to Apply SAS Institute on Remand as Ordered by Federal Circuit, Federal Circuit Denies Rehearing

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“Judge Newman argued that it was contrary to the America Invents Act, the mandate rule of the Administrative Procedure Act, and the USPTO’s own Office SAS Guidance for the PTAB to disregard the Federal Circuit’s remand order.” The Federal Circuit recently denied a petition by BioDelivery Sciences International, Inc. (BioDelivery) for a rehearing en banc following a refusal by the Patent Trial and Appeal Board (PTAB) to apply the Supreme Court’s decision in SAS Institute Inc. v. Iancu, 138 S. Ct. 1348 (2018). See BioDelivery Scis. Int’l, Inc. v. Aquestive Therapeutics, Inc., Nos. 2019-1643, 2019-1644, 2019-1645, 2020 U.S. App. LEXIS 1030 (Fed. Cir. Jan. 13, 2020) (Before Prost, Chief...

29 January

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Time to Wake Up: Stakeholders Must Compromise to Save the U.S. Patent System

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Things are bad for many innovators and there is little hope for improvement on the foreseeable horizon. Despite the best efforts of Senator Thom Tillis (R-NC) and Senator Chris Coons (D-DE), efforts to reform America’s patent system for the better have stalled to the point that the Senate IP Subcommittee is moving on from patent matters and will focus on copyright reform throughout 2020. “Given the reasonable concerns that have been expressed about the draft as well as the practical realities of the difficulty of passing legislation, absent stakeholder consensus I don’t see a path forward for producing a bill—much less...

29 January

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EU Trademark Owners Relieved by CJEU Judgment in SkyKick Case

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The Court of Justice of the European Union (CJEU) has provided reassurance to European trademark owners in its judgment today in the SkyKick case. (Case C?371/18 Sky plc, Sky International AG, Sky UK Limited v SkyKick UK Limited, SkyKick Inc.) The case involves questions referred from the UK in a dispute over SkyKick’s alleged infringement of five of Sky’s EU and UK national trademarks. Sky is a well-known broadcaster and telecoms services provider, and SkyKick is a cloud services provider. Clarity and Precision, and Bad Faith As is common in Europe, Sky’s registrations covered a large number of goods and services, some of them quite broad, such as...

29 January

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SMCA Set To Export U.S. Copyright Law to North American Neighbors

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The United States-Mexico-Canada Agreement (USMCA) was passed by the U.S. Senate on January 16, 2020 and will be signed by President Trump today. The treaty, which renegotiates and cancels the 1994 North American Free Trade Agreement (NAFTA), is expected to dramatically affect many areas of law of its three member states. With respect to copyright law, the USMCA largely exports copyright standards from the United States. Once it is implemented, content creators and owners, Internet Service Providers (ISPs) and copyright professionals can expect the laws of Mexico and Canada to more closely resemble those of the United States with respect to...

28 January

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PTAB Holds Packet Filtering Claims Unpatentable in Cisco/Centripetal Networks IPR

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“[A] person of ordinary skill would have understood that in both the ‘713 patent and Sourcefire, the relevant data is located in the first packet of the message . . . [and] would have been sufficiently motivated by Sourcefire to design intrusion rules with the ssl_version keyword.” On January 23, the Patent Trial and Appeal Board (PTAB) issued a final written decision in IPR2018-01437 holding all claims (1-20) of U.S. Patent No. 9,160,713 B2 (the ‘713 patent) unpatentable. The ‘713 patent, owned by Centripetal Networks, Inc. (CN), was challenged in an inter partes review (IPR) by Cisco System, Inc. (Cisco). Packet Filtering Rules The ‘713 patent relates to filtering network data transfers....

28 January

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EPO Provides Reasoning for Rejecting Patent Applications Citing AI as Inventor | CoffyLaw, LLC

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Earlier this month, the European Patent Office (EPO) and the UK Intellectual Property Office (UKIPO) each rejected two patent applications that designated an artificial intelligence named DABUS as the inventor. While the UKIPO published a decision setting out its reasoning, the EPO simply stated at the time that the applications did “not meet the requirement of the European Patent Convention (EPC) that an inventor designated in the application has to be a human being, not a machine.” Now, the EPO has released more detail about the grounds for its decision. The applications at issue are for a “food container” (number EP3564144/ EP 18 275 163 )...

21 January

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Episode 15: Kevin Jakel of Unified Patents (Part 2)

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This episode is the second and final part of our interview with Kevin Jakel, the founder and CEO of Unified Patents. On this episode, we continue the conversation with Kevin about how Unified Patents operates, discuss Unified Patents’ new program for targeting Standard Essential Patents (SEPs), debate whether the patent troll narrative has been overblown, talk about the patent quality problem, and delve into some other patent policy issues related to IPRs and the PTAB. We also find out what Kevin has in common with George Costanza! ...

21 January

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Trade Secrets Review: Key 2019 Decisions and Trends (Part I)

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“The Court in CMI Roadbuilding, Inc. explained: “At the point [plaintiff] was on notice there was a possible problem, it had a duty to investigate, regardless of its exact knowledge.” In other words, the statute of limitation begins to run under the Defend Trade Secrets Act as soon as a party is on notice that its trade secrets are being misused.” In general, a trade secret is any information used in business if the owner has taken reasonable measures to keep such information secret, and the information derives independent economic value, from not being generally known to, and not being readily ascertainable through...

20 January

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This Week in Washington IP: Selecting the Next Register of Copyrights, 5G Workforce Concerns and Smart City Models for U.S. Communities

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This week in Washington, D.C., Congress is relatively quiet while the House of Representatives enters a district work period. In the Senate, the Commerce Committee will hold a hearing to explore ways to improve the workforce for the 5G industry to promote the build-out of necessary networking infrastructure in this country. The Library of Congress will host a pair of listening sessions to discuss the selection process for the next Register of Copyrights with members of the public. Elsewhere, the Center for Strategic and International Studies will host a series of events on technology issues later in the week, including...

20 January

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Responding to Criticism of ‘State Pharmaceutical Importation Programs Threaten Patients and Innovation

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A recent article by Dr. Kristina M. L. Acri née Lybecker highlighted her research about the fiscal workability of state pharmaceutical importation programs from two aspects: Cost of counterfeit testing of products that have been handled by unregulated entities Because these medicines will be handled by unregulated entities, they need to be subjected to finished product testing using statistical sampling to ensure they’re genuine. The counterfeit pharmaceutical business is well established and has even involved licensed Canadian pharmacies and wholesalers, so no entity in Canada can be trusted, especially since we’ve previously had difficulties extraditing them for trial. Cost of adverse medical events due to...

Areas We Serve

PTAB Refuses to Apply SAS Institute on Remand as Ordered by Federal Circuit, Federal Circuit Denies Rehearing

Time to Wake Up: Stakeholders Must Compromise to Save the U.S. Patent System

EU Trademark Owners Relieved by CJEU Judgment in SkyKick Case

SMCA Set To Export U.S. Copyright Law to North American Neighbors

PTAB Holds Packet Filtering Claims Unpatentable in Cisco/Centripetal Networks IPR

EPO Provides Reasoning for Rejecting Patent Applications Citing AI as Inventor | CoffyLaw, LLC

Episode 15: Kevin Jakel of Unified Patents (Part 2)

Trade Secrets Review: Key 2019 Decisions and Trends (Part I)

This Week in Washington IP: Selecting the Next Register of Copyrights, 5G Workforce Concerns and Smart City Models for U.S. Communities

Responding to Criticism of ‘State Pharmaceutical Importation Programs Threaten Patients and Innovation

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