IPWatchdog, Inc

IPWatchdog, Inc IPWatchdog is the leading authority on patents and innovation policy in the U.S. In 2014 we were als
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IPWatchdog.com has been online since 1999 and has provided information and news regarding intellectual property to many tens of millions of unique visitors. This page is open to all, but is intended to provide a platform to meet others who are interested in intellectual property topics including patents, copyrights, trademarks, trade secrets, business and the Internet.

Molly Metz, inventor of the jumpNrope, with IPWatchdog Editor in Chief, Eileen McDermott, and then with IPWatchdog found...
05/23/2023

Molly Metz, inventor of the jumpNrope, with IPWatchdog Editor in Chief, Eileen McDermott, and then with IPWatchdog founder Gene Quinn, taken during the the third annual Patent Litigation Masters™ 2023 program. May 2023.

The IPWatchdog Team. Taken May 16 at our third annual Patent Litigation Masters™ 2023 program at IPWatchdog Studios. ...
05/17/2023

The IPWatchdog Team. Taken May 16 at our third annual Patent Litigation Masters™ 2023 program at IPWatchdog Studios.

Discussing venue at our third annual Patent Litigation Masters™ 2023 program at the IPWatchdog Studios. .
05/16/2023

Discussing venue at our third annual Patent Litigation Masters™ 2023 program at the IPWatchdog Studios. .

Patent Litigation Funding: Evaluating and Formulating Assertion and Monetization Strategies at our third annual Patent L...
05/16/2023

Patent Litigation Funding: Evaluating and Formulating Assertion and Monetization Strategies at our third annual Patent Litigation Masters™ 2023 program at the IPWatchdog Studios on Tuesday, May 16, 2023.

Gene Quinn moderating at our third annual Patent Litigation Masters™ 2023 program at the IPWatchdog Studios on Tuesday, ...
05/16/2023

Gene Quinn moderating at our third annual Patent Litigation Masters™ 2023 program at the IPWatchdog Studios on Tuesday, May 16, 2023.

Improving and Streamlining Patent Enforcement in America at our third annual Patent Litigation Masters™ 2023 program at ...
05/16/2023

Improving and Streamlining Patent Enforcement in America at our third annual Patent Litigation Masters™ 2023 program at the IPWatchdog Studios on May 15, 2023.

Gene Quinn, President & CEO of IPWatchdog, Inc., giving the keynote at the 25th Annual Symposium on Intellectual Propert...
03/27/2023

Gene Quinn, President & CEO of IPWatchdog, Inc., giving the keynote at the 25th Annual Symposium on Intellectual Property Law and Policy hosted at the University of Akron School of Law. March 27, 2023. Titled: "State of the IP Union" and explaining who is to blame for the plight of patent owners in the United States-- and why.

The United States Supreme Court is soon poised to decide the fate of the enablement requirement, and the patent communit...
03/01/2023
Will the Supreme Court Save Biopharma from CAFC Enablement Insanity?

The United States Supreme Court is soon poised to decide the fate of the enablement requirement, and the patent community is collectively holding its breath...

The Supreme Court is soon poised to decide the fate of the enablement requirement, and the patent community is collectively holding its breath, wondering if the Court will strike a deathblow to the biopharmaceutical industry.

“Discriminating in favor of only allowing human-generated works to receive protection would be a major disincentive to t...
02/21/2023
We Need a Copyright Reboot for Robots

“Discriminating in favor of only allowing human-generated works to receive protection would be a major disincentive to the use and development of AI in the creative process, and it would stymie the generation and dissemination of works.”

Now is an exciting time in the world of artificial intelligence (AI) and intellectual property law. Academics have been interested in this field for a long time, and more narrowly in certain issues, like the legal status of works created by an AI in the absence of a traditional human author (AI-gene...

Join us March 7-8, 2023, for Artificial Intelligence Masters™ 2023 – a part of the IPWatchdog Masters™ series. Discussio...
02/21/2023

Join us March 7-8, 2023, for Artificial Intelligence Masters™ 2023 – a part of the IPWatchdog Masters™ series. Discussions will be led by top thought leaders in the industry and will cover specific technical areas such as artificial intelligence (AI), machine learning (ML), how to protect these innovations, how to license these innovations, copyright lawsuits relating to AI and the numerous other legal issues presented by AI implementation an use. REGISTER: https://ipwatchdog.com/artificial-intelligence-masters-2023/

Join us March 7-8, 2023, for Artificial Intelligence Masters™ 2023 – a part of the IPWatchdog Masters™ series. Discussio...
02/13/2023

Join us March 7-8, 2023, for Artificial Intelligence Masters™ 2023 – a part of the IPWatchdog Masters™ series. Discussions will be led by top thought leaders in the industry and will cover specific technical areas such as artificial intelligence (AI), machine learning (ML), blockchain and fintech, how to protect these innovations, how to license these innovations and the numerous other legal issues presented by their use and implementation, including the protection of data and software itself as a trade secret. REGISTER: https://ipwatchdog.com/artificial-intelligence-masters-2023/

New Post: New Vision Gaming Tells CAFC Final GAO Findings Warrant Dismissal of CBM Institution
01/19/2023
New Vision Gaming Tells CAFC Final GAO Findings Warrant Dismissal of CBM Institution

New Post: New Vision Gaming Tells CAFC Final GAO Findings Warrant Dismissal of CBM Institution

Earlier this month, patent owner and casino game innovator New Vision Gaming & Development filed a reply brief with the Federal Circuit in its latest bid to challenge the Patent Trial and Appeal Board’s institution of covered business method review proceedings brought by gambling product company S...

New Post: Report Calls Out Cloudflare for Facilitating Piracy, Counterfeits
01/19/2023
Report Calls Out Cloudflare for Piracy, Counterfeits

New Post: Report Calls Out Cloudflare for Facilitating Piracy, Counterfeits

According to new research released by Corsearch, a significant number of websites engaging in piracy and counterfeiting use Cloudflare’s Content Delivery Network (CDN) services.

New Post: Issa is Not a Fit for IP Subcommittee Chairman
01/18/2023
Issa is Not a Fit for IP Subcommittee Chairman

New Post: Issa is Not a Fit for IP Subcommittee Chairman

The 118th congress has begun. Currently, the Republican Steering Committee is selecting the Chairs for the various committees and filling the ranks with members. Representative Darrell Issa (R-CA) is the most likely candidate to be selected. However, Issa is the wrong person for the job.

New Post: This Week in Washington IP: USPTO-FDA Listening Session, China’s IP Landscape, Women in Entrepreneurship
01/17/2023
This Week in Washington IP: USPTO-FDA Listening Session, China’s IP Landscape, Women in Entrepreneurship

New Post: This Week in Washington IP: USPTO-FDA Listening Session, China’s IP Landscape, Women in Entrepreneurship

This week in Washington IP news, following the federal holiday to celebrate Martin Luther King, Jr. Day, Congress is not in session, but there are still some interesting events to put on your calendar, including the all-day listening session on USPTO-FDA collaboration on Thursday.

New Post: With Vaishali Udupa Set to Take the Helm as Commissioner for Patents, USPTO Leadership Now Lacks Prosecution P...
01/15/2023
With Vaishali Udupa Set to Take the Helm as Commissioner for Patents, USPTO Leadership Now Lacks Prosecution Prowess

New Post: With Vaishali Udupa Set to Take the Helm as Commissioner for Patents, USPTO Leadership Now Lacks Prosecution Prowess

January 17 marks the first day in the tenure of the U.S. Patent and Trademark Office’s (USPTO’s) new Commissioner for Patents, Vaishali Udupa. Udupa, whose appointment was announced in December, comes to the USPTO after serving the last seven years as the head of litigation for Hewlett Packard E...

The Campaign Against Pharma Companies Creates New Level of Uncertainty for all Patent Attorneys Re: Duty of Disclosure a...
01/15/2023
The Campaign Against Pharma Companies Creates New Level of Uncertainty for all Patent Attorneys re Duty of Disclosure and Inquiry

The Campaign Against Pharma Companies Creates New Level of Uncertainty for all Patent Attorneys Re: Duty of Disclosure and Inquiry

The United States Patent and Trademark Office issued a Notice on the “Duties of Disclosure and Reasonable Inquiry During Examination, Reexamination, and Reissue, and for Proceedings Before the Patent Trial and Appeal Board” on July 29, 2022 (87 FR 45764-67), without a big reaction from the IP co...

RALIA Is Economic Su***de: A Reply to the Critics
01/14/2023
RALIA Is Economic Su***de: A Reply to the Critics

RALIA Is Economic Su***de: A Reply to the Critics

Paul Morinville, Founder of US Inventor, recently published a response to my column criticizing RALIA, a bill in Congress that would abolish the Patent Trial and Appeal Board (PTAB). I offer a few observations in reply.

New Post: Albright Gets OK from CAFC on Denial of Transfer for Amazon
01/14/2023
Albright Gets OK from CAFC on Denial of Transfer for Amazon

New Post: Albright Gets OK from CAFC on Denial of Transfer for Amazon

The U.S. Court of Appeals for the Federal Circuit (CAFC) earlier this week shot down a petition for writ of mandamus filed by Amazon.com, Inc. asking the court to vacate an Order by Judge Alan Albright of the Western District of Texas denying Amazon transfer of a case to the Northern District of Cal...

Apple v. Zipit Designated Precedential Following Busy December for USPTO
01/14/2023
Apple v. Zipit Designated Precedential Following Busy December for USPTO

Apple v. Zipit Designated Precedential Following Busy December for USPTO

The United States Patent and Trademark Office (USPTO) stayed active over the holiday period with several big announcements, and today Director Kathi Vidal continued that trend by designating as precedential the December 21 decision in Apple v. Zipit Wireless.

New Post: Other Barks & Bites for Friday, January, 13: Marjorie Taylor Greene Removes Video after Cease-and-Desist Lette...
01/13/2023
Other Barks & Bites for Friday, January, 13: Marjorie Taylor Greene Removes Video after Cease-and-Desist Letter from Dr. Dre; Computer Scientist Asks Courts for Copyright on AI-Generated Art; and Adidas Loses Case Over Three-Stripe Trademark

New Post: Other Barks & Bites for Friday, January, 13: Marjorie Taylor Greene Removes Video after Cease-and-Desist Letter from Dr. Dre; Computer Scientist Asks Courts for Copyright on AI-Generated Art; and Adidas Loses Case Over Three-Stripe Trademark

This week in Other Barks & Bites: Dr. Dre issues a cease-and-desist letter to Marjorie Taylor Greene alleging copyright infringement; Apple loses a patent case that threatens the import of certain Apple Watches; and a jury rules in favor of fashion designer Thom Browne over Adidas in a trademark cas...

Patently Strategic Podcast: Top Three Inventor Mistakes
01/13/2023
Patently Strategic Podcast: Top Three Inventor Mistakes

Patently Strategic Podcast: Top Three Inventor Mistakes

The patent world is full of trap doors that lie waiting for unsuspecting inventors. Without a good map and an intentional path, mistakes and missteps can be plentiful and costly. Some of these mistakes are reversible, with limitations.

New Post: Industry Risk and Investment Drives Academic Tech Transfer
01/13/2023
Industry Risk and Investment Drives Academic Tech Transfer

New Post: Industry Risk and Investment Drives Academic Tech Transfer

AUTM, which represents the academic technology management profession, just released the results of the survey of its members for 2021. Once again, the results are impressive.

Federal Circuit Rejects More Mandamus Petitions Seeking to Sidestep Delaware Court’s Standing Orders
01/12/2023
Federal Circuit Rejects More Mandamus Petitions Seeking to Sidestep Delaware Court’s Standing Orders

Federal Circuit Rejects More Mandamus Petitions Seeking to Sidestep Delaware Court’s Standing Orders

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued two orders denying mandamus relief for petitioners seeking to end the U.S. District Court for the District of Delaware’s “judicial inquisition” concerning disclosure of their owners and third-party litigation funders.

Amici Filings in Amgen Encourage the Supreme Court to Correct the Federal Circuit’s ‘Unworkable’ Enablement Standard
01/12/2023
Amici Filings in Amgen Encourage the Supreme Court to Correct the Federal Circuit’s ‘Unworkable’ Enablement Standard

Amici Filings in Amgen Encourage the Supreme Court to Correct the Federal Circuit’s ‘Unworkable’ Enablement Standard

On January 3, a total of 14 amicus briefs and one motion for leave to participate in oral argument were filed with the U.S. Supreme Court on the question presented by Amgen Inc. v. Sanofi, on which the Supreme Court granted certiorari this past November.

New Post: Salesforce’s Abusive Post Grant Tactics Demonstrate USPTO Dysfunction
01/11/2023
Salesforce’s Abusive Post Grant Tactics Demonstrate USPTO Dysfunction

New Post: Salesforce’s Abusive Post Grant Tactics Demonstrate USPTO Dysfunction

The issue of who is the real party in interest in an inter partes review filed at the PTAB is a particularly thorny matter.... The long and short of it is this—real party in interest law and statute of limitations law, which apply in every other legal setting, are interpreted vastly differently at...

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It is once again World IP Day, on which the global intellectual property (IP) community celebrates IP and innovation, as well as the day that the Convention establishing the World Intellectual Property Organization (WIPO) came into force (April 26, 1970).

http://www.ipwatchdog.com/2022/04/26/world-ip-day-2022-emphasizes-youth-contributions-ip/id=148666/
Patent owners facing inter partes review (IPR) challenges have the option of filing a motion to amend as a contingency plan. This motion, accompanied by proposed substitute claims, allows the patent owner a fallback position if the Patent Trial and Appeal Board (PTAB) finds the original claims unpatentable. If successful, despite the unpatentability of the original claims, the patent owner maintains the substitute claims. While this sounds great in concept, the historical success rate of such motions is low. From October 2012 through March 2020, only 14% of motions to amend were granted. This improved slightly in 2020, to 25%, but dropped back to 18% in 2021 (calculated using data from Docket Navigator). The recent decision in Hunting Titan, Inc., v. DynaEnergetics Europe GmbH thus presents the somewhat rare case in which an amendment was granted by the PTAB and affirmed on appeal. That said, the Federal Circuit’s narrow holding does not indicate an easier future for patent owners’ motions to amend; indeed, the opposite may be true....

http://www.ipwatchdog.com/2022/04/26/federal-circuit-signals-appetite-increased-ptab-discretion-motions-amend/id=148636/
With the rapid development of communication technologies, the world is more connected than ever. As the academic communities are drawn closer, international research collaborations increase dramatically. Researchers and scientists from all over the world often come together to make new inventions..... Such global collaboration can result in exciting innovations for which the inventors or their employers often would like to seek patent protections. Due to the “global” nature of these inventions, it is only natural that the applicants desire to patent them in multiple countries to maximize the rights. However, while science and technology observe no national borders, patent protections and related regulations do....

http://www.ipwatchdog.com/2022/04/26/navigating-foreign-filing-requirements-cross-border-patent-inventions-part/id=148647/
"The Chicago Patent Attorneys told the Justices that the Interactive Wearables case presents a 'better opportunity' to clarify Section 101 law because it involves 'an intuitive technology' with 'tangible components...'"

https://www.ipwatchdog.com/2022/04/25/patent-practitioners-tell-justices-forget-american-axle-fix-eligibility-law-interactive-wearables/id=148646/
Comcast and the High Tech Inventors Alliance (HTIA) filed amicus briefs last week backing a Supreme Court petition brought by Cisco Systems, Inc. last month. The petition asks the Court to consider whether: 1) enhanced damages may be awarded absent a finding of egregious infringement behavior; and 2) whether the U.S. Court of Appeals for the Federal Circuit (CAFC) may award enhanced damages without first allowing the district court to exercise its discretion to decide that issue. Cisco filed the petition for a writ of certiorari on March 16, following a November 2021 decision of the Federal Circuit that reversed a district court’s denial of SRI International’s motion to reinstate a jury’s willfulness verdict against Cisco. That ruling restored the district court’s award of enhanced damages and affirmed an award of attorney fees for SRI. The CAFC specifically clarified that its reference to language in the Supreme Court’s ruling in Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923, 1934 (2016) on a first appeal in the case was not meant to create a heightened requirement for willful infringement....

https://www.ipwatchdog.com/2022/04/25/amici-back-ciscos-bid-scotus-review-enhanced-damages-standard/id=148639/
This week in Washington IP news, the Senate Health Committee will host a hearing on Tuesday to address ways that the U.S. Food & Drug Administration’s user fee program can better advance innovation in medical products. In the House of Representatives, the Financial Services Committee will explore data privacy and consumer protection concerns that are related to the increasing available of digital wallets on mobile devices. Elsewhere, the Center for Strategic & International Studies partners with the Information Technology & Innovation Foundation to discuss the role of intellectual property in driving forward the development of the COVID-19 vaccine, while the U.S. Copyright Office, U.S. Patent and Trademark Office and others celebrate World Intellectual Property Day on Tuesday with a focus on this year’s theme, IP and Youth: Innovating for a Better Future....

https://www.ipwatchdog.com/2022/04/25/week-washington-ip-honoring-world-intellectual-property-day-ensuring-fda-user-fees-advance-innovation-ips-role-combating-covid-19-pandemic/id=148632/
"Although there are no hard and fast grammatical rules, it's better to err on the side of caution, following rules that courts have recognized."

https://www.ipwatchdog.com/2022/04/25/grammar-commas-and-courts-know-the-rules-to-save-your-patent/id=148609/
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday directed Judge Alan Albright’s Waco Division of the U.S. District Court for the Western District of Texas to transfer a case brought by CPC Patent Technologies PTY Ltd against Apple to the Northern District of California. The CAFC said the district court erred in weighing the convenience of the witnesses factor as only slightly favoring transfer, noting that the court has historically rejected the view that this factor should be based solely on the distance the witness would have to travel....

https://www.ipwatchdog.com/2022/04/24/cafc-continues-its-censure-of-albright-on-transfer-analyses/id=148624/
A means-plus-function limitation is a functional limitation that claims function without structure. The claimed element presented for prosecution is pure function and not structure. This type of claiming is used often with software patents, which recite function via a series of computer implemented steps to carry out a means....

http://www.ipwatchdog.com/2022/04/23/ip-practice-vlogs-software-claiming-look-means-plus-function/id=148593/
This week in Other Barks & Bites: the USPTO updates its website to improve transparency surrounding the process for requests of Director review of PTAB decisions under Arthrex; former Federal Circuit Judge Kathleen O’Malley joins Irell & Manella as of counsel with a practice focusing on litigation consulting; the Ninth Circuit affirms the dismissal of trademark and right of publicity claims filed by Chuck Yeager against sales and promotional material developed by Airbus; the Ninth Circuit also affirmed an injunction preventing LinkedIn from using technical measures to prevent a people analytics firm from scraping publicly available data; Netflix stock drops by 35% this week after it reported its first net subscriber loss in more than a decade; statements from the Biden Administration to HuffPost indicate efforts to get the WTO to release its draft text of the proposed TRIPS waiver; and the U.S. Supreme Court invites the U.S. Solicitor General to file a brief on the Section 112 enablement issues involved in Amgen v. Sanofi....

https://www.ipwatchdog.com/2022/04/22/barks-bites-friday-april-22-biden-administration-seeks-release-wto-draft-proposal-trips-waiver-scotus-asks-solicitor-general-brief-section-112-issues-amgen-ninth-circui/id=148620/
Patent filings were average this week, with 21 Patent Trial and Appeal Board (PTAB) petitions and 77 district court patent complaints filed (and 67 terminated).

https://www.ipwatchdog.com/2022/04/22/patent-filings-roundup-fintiv-denial-light-npe-suit-healthcare-co-institutions-troubled-funded-parkervision-campaign-universal-studios-sued-german-ride-company/id=148602/
Knobbe Martens is looking to hire a full-time Patent Scientist for their office located in California, New York, or Washington. Candidates will assist with the successful procurement of patent protection for innovative technologies, the designs of new products, and assist with the evaluation of competitor products. The candidate will learn about a variety of new technologies, learn to identify inventive features, learn to describe the inventions, and work with the Patent Office to allow a patent for the technology. The position also requires a candidate to possess the ability to explain and describe new technologies in a way that is concise and descriptive. To be successful in this position the candidate must be a strong communicator, both written and oral. The candidate must be able to work independently, with a large amount of working freedom. In addition, each candidate will eventually participate in a patent law course and become registered with the United States Patent Office....

https://www.ipwatchdog.com/2022/04/22/knobbe-martens-is-seeking-a-patent-scientist-computer-science/id=148592/
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