IPWatchdog, Inc

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.

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 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, May 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 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.

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...

Will the Supreme Court Save Biopharma from CAFC Enablement Insanity? 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.

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.”

We Need a Copyright Reboot for Robots 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. 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. 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/

Updated Post: Amici Filings in Amgen Encourage the Supreme Court to Correct the Federal Circuit’s ‘Unworkable’ Enablement Standard https://ipwatchdog.com/2023/01/05/amici-filings-amgen-encourage-supreme-court-correct-federal-circuits-unworkable-enablement-standard/id=154875

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

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...

Updated Post: PTAB Judge Who Owns Cisco Stock Withdraws from IPR Following Centripetal Claims of Bias https://ipwatchdog.com/2023/01/06/ptab-judge-owns-cisco-stock-withdraws-ipr-following-centripetal-motion-claims-bias/id=154947

Report Calls Out Cloudflare for Piracy, Counterfeits

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

Report Calls Out Cloudflare for 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.

Updated Post: CAFC Says USPTO Arguments for Rejecting Google Patent Application Lack Support in Record https://ipwatchdog.com/2023/01/09/cafc-says-uspto-arguments-rejecting-google-patent-application-lack-support-record/id=155089

Issa is Not a Fit for IP Subcommittee Chairman

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

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.

High Court Asks for SG Views on Apple’s Petition Challenging Federal Circuit Approach to IPR Estoppel

New Post: High Court Asks for SG Views on Apple’s Petition Challenging Federal Circuit Approach to IPR Estoppel

High Court Asks for SG Views on Apple’s Petition Challenging Federal Circuit Approach to IPR Estoppel The U.S. Supreme Court yesterday invited the U.S. Solicitor General to provide its views on Apple’s petition asking the High Court to clarify the proper application of estoppel in inter partes review (IPR) proceedings.

Updated Post: Federal Circuit Says Gilstrap’s Grant of CA Transfer to Chinese Company was Improper https://ipwatchdog.com/2023/01/10/federal-circuit-says-gilstraps-grant-ca-transfer-chinese-company-improper/id=155128

The Adidas v. Thom Browne Saga: Stripes May Be ‘Earned’ But They Cannot Be Owned

New Post: The Adidas v. Thom Browne Saga: Stripes May Be ‘Earned’ But They Cannot Be Owned

The Adidas v. Thom Browne Saga: Stripes May Be ‘Earned’ But They Cannot Be Owned Engagement in proactive IP litigation by global companies is the bedrock of trademark enforcement, and Adidas is no stranger to this strategy.

Updated Post: Why Voluntary Licensing is Best for Increasing Access to Medicines https://ipwatchdog.com/2023/01/10/voluntary-licensing-best-increasing-access-medicines/id=155117

ITC Puts Complainants on Notice that Pleading Requirements are Not Mere Suggestions

New Post: ITC Puts Complainants on Notice that Pleading Requirements are Not Mere Suggestions

ITC Puts Complainants on Notice that Pleading Requirements are Not Mere Suggestions A recent policy change at the U.S. International Trade Commission (ITC) provides a lesson in how to properly draft a key requirement in a Section 337 complaint.

mRNA IP 2022 Year in Review: Pioneers Clash in Major Patent Litigations

mRNA IP 2022 Year in Review: Pioneers Clash in Major Patent Litigations

mRNA IP 2022 Year in Review: Pioneers Clash in Major Patent Litigations Substantial patent litigation activity occurred in the mRNA space in 2022, involving nearly all of the major mRNA and lipid nanoparticle (LNP) pioneers.

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: 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.

All I Want for IP in 2023: Kicking off the New Year with the IP Community’s Wildest Dreams

All I Want for IP in 2023: Kicking off the New Year with the IP Community’s Wildest Dreams

All I Want for IP in 2023: Kicking off the New Year with the IP Community’s Wildest Dreams Anyone who’s read The Secret knows that the way to manifest your dreams is to visualize them, and then put them out into the world, as if they are already reality—so we at IPWatchdog want to help facilitate this process once again with our IP Wishes roundup.

Thaler Files Motion for Summary Judgment in Latest Bid to Argue AI-Authored Works Should Be Copyrightable

New Post: Thaler Files Motion for Summary Judgment in Latest Bid to Argue AI-Authored Works Should Be Copyrightable

Thaler Files Motion for Summary Judgment in Latest Bid to Argue AI-Authored Works Should Be Copyrightable Last week, artificial intelligence systems developer Dr. Stephen Thaler filed a motion for summary judgment in the U.S. District Court for the District of Columbia in a lawsuit over copyright eligibility for artwork created by AI systems.

ITC Year in Review: From New ALJs to the Effects of Global Crises, 2022 was an Exciting Time for the Commission

ITC Year in Review: From New ALJs to the Effects of Global Crises, 2022 was an Exciting Time for the Commission

ITC Year in Review: From New ALJs to the Effects of Global Crises, 2022 was an Exciting Time for the Commission This year was a busy one for the International Trade Commission (ITC) compared to the last few years. As of December 15, 2022, there were 56 complaints filed, compared to 50 in all of 2021.

In Plastipak Decision, CAFC Fails to Resolve Precedential Inconsistency in Inventorship Determination

In Plastipak Decision, CAFC Fails to Resolve Precedential Inconsistency in Inventorship Determination

In Plastipak Decision, CAFC Fails to Resolve Precedential Inconsistency in Inventorship Determination In Plastipak Packaging Inc. v. Premium Waters Inc., Appeal No. 2021-2244, decided December 19, 2022, the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) newest judge threw a curveball on the topic of inventorship.

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

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 and Inquiry

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

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.

Albright Gets OK from CAFC on Denial of Transfer for Amazon

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

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

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.

Juno v. Kite: A Rare Opportunity for the Supreme Court to Grant Rehearing

Juno v. Kite: A Rare Opportunity for the Supreme Court to Grant Rehearing

Juno v. Kite: A Rare Opportunity for the Supreme Court to Grant Rehearing The patent world is trained on the upcoming Supreme Court Amgen v. Sanofi case.... Waiting in the wings, however, is an equally important Section 112 case.

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

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

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.

Industry Risk and Investment Drives Academic Tech Transfer

New Post: Industry Risk and Investment Drives Academic Tech Transfer

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

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

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.

Salesforce’s Abusive Post Grant Tactics Demonstrate USPTO Dysfunction

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

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...