In a recent shift from public service to the private sector, the former U.S. Patent and Trademark Office (USPTO) patent commissioner has transitioned to McDermott Will & Schulte as counsel in Washington, D.C. This move follows her resignation in February, amid a reduction in the federal workforce under the administration’s cost-cutting measures. Her experience is…
The U.S. Department of Justice’s (DOJ) Special Counsel investigating allegations of governmental “weaponization” has turned its focus toward the U.S. Patent and Trademark Office (USPTO). This move follows concerns about the potential misuse of a patent program intended to streamline the review of applications deemed to be of national significance. The program in question, known…
In a recent development, U.S. Customs and Border Protection (CBP) has stated in a D.C. federal court that it did not collaborate with Apple Inc. to circumvent an import ban concerning the Apple Watch, which is entangled in a patent dispute with Masimo Corp. Masimo had accused the tech giant and the agency of working…
In a significant legal development, Sandisk Technologies Inc. has garnered substantial backing from industry groups, leading academic figures, and Unified Patents in its challenge to the U.S. Patent and Trademark Office’s (USPTO) contentious policy. This policy, which involves denying the review of patents based on the owner’s “settled expectations,” is criticized for allegedly contravening legal…
The Federal Circuit has provided Bayer Pharma AG with an opportunity to preserve several claims of a contested patent for Xarelto, its high-revenue blood thinner. This decision follows a complex legal battle where Mylan Pharmaceuticals Inc., Teva Pharmaceuticals USA Inc., and Cipla have challenged the patent’s validity. The case has been redirected to the Patent…
A Delaware federal court recently dismissed a lawsuit by MyPort Technologies Inc. against Apple Inc. concerning the alleged infringement of four patents related to smartphones and tablets. The court’s decision centered on the application of the Alice Corp. v. CLS Bank International standard, which addresses patent claims that are deemed too abstract or lacking in…
In the first six months of 2025, Massachusetts’ biotech sector faced significant challenges, highlighted by a noticeable decline in venture capital funding and a slowdown in merger activity. These difficulties have prompted attorneys to explore innovative strategies to guide biotech companies through a period marked by fewer available public and private funds. In the midst…
Several renowned financial institutions, including Citibank and Cantor Fitzgerald, have recently become embroiled in patent litigation. Filed in federal courts in New York and Texas, these lawsuits allege infringement of a patented trading technology, as reported by Law360. With Secretary of Commerce Howard Lutnick having ties to Cantor Fitzgerald as a former executive, this case…
The Federal Circuit recently denied a request from Dolby Laboratories Licensing Corp. for a rehearing regarding a Patent Trial and Appeal Board (PTAB) decision. Dolby’s appeal, which involved a matter in which they had initially prevailed, focused on their claim that not all interested parties had been identified during the PTAB proceedings. This decision by…
Intel and Apple are facing allegations of patent infringement over transceiver technology that Apple has reportedly used in multiple iPhone models. The lawsuit, filed by a technology company specializing in transceiver tech, claims that Intel has been aware of the patented technology for years and nonetheless continued to supply transceiver components to Apple for use…
A Delaware federal court has declined to dismiss a lawsuit alleging that Warner Bros. Entertainment, Sony Pictures Entertainment, and Fox Corporation infringed upon multiple lighting patents. The court, however, agreed to narrow the scope of the case by dismissing certain claims. The lawsuit, initiated by Colt International Clothing, centers on six patents related to bicolor…
In a notable development within the semiconductor industry, the deputy director of the U.S. Patent and Trademark Office (USPTO) has opened the door for a company to contest a Patent Trial and Appeal Board (PTAB) decision that previously invalidated a claim within its semiconductor patent. This action surfaces amid conflicting outcomes between the board and…
The confirmation of John Squires as the new director of the U.S. Patent and Trademark Office marks a significant moment for patent attorneys seeking stability and consistency. Squires’ confirmation by the U.S. Senate has been met with anticipation, as legal professionals express a desire for clear and established rules in a field often fraught with…
In a noteworthy series of decisions, Coke Morgan Stewart, while concluding her tenure as acting director of the U.S. Patent and Trademark Office, exercised her discretion in handling a range of petitions for Patent Trial and Appeal Board (PTAB) review. This mixed set of outcomes saw several requests for review being denied, even as a…
Commerce Secretary Howard Lutnick’s recent proposal suggesting that the government receive up to half of the revenue universities earn from patents developed with federal funding has raised substantial concerns within the legal and academic communities. Such a shift could potentially stymie the commercialization of inventions arising from publicly funded research, a concern echoed by lawyers…
The legal landscape at the U.S. Patent and Trademark Office (USPTO) is poised for further transformation as two of its chief solicitors prepare to exit the agency. These departures signal ongoing changes within the USPTO’s legal division, a bastion of intellectual property expertise critical to safeguarding innovation and patent rights across the nation. According to…
In a continuing trend of high-level departures, the United States Patent and Trademark Office (USPTO) is facing the exit of some of its top solicitors. These latest shake-ups follow a series of changes aimed at restructuring and revitalizing the office’s operational framework. Industry observers suggest that the departures might be linked to recent policy shifts…
The Patent Trial and Appeal Board (PTAB) has dealt a significant blow to Johns Hopkins University by invalidating an anti-cancer therapy patent. This ruling comes as a favorable outcome for Merck Sharp & Dohme LLC in its ongoing legal conflict over the blockbuster cancer drug Keytruda. The PTAB’s decision highlights the intricate dynamics within the…
In a notable conclusion to a dispute between a financial services heavyweight and an intellectual property claimant, American Express has successfully defended itself against a patent infringement lawsuit concerning its rewards and loyalty programs. A federal judge in New York dismissed the case, finding that American Express’s implementations do not infringe upon the patents in…
In an intriguing legal avatar that may surprise many, William Shatner, renowned for his iconic role as Captain Kirk on “Star Trek,” recently found himself navigating the complexities of patent law. Alongside two co-inventors, Shatner filed a patent application in September 2022 for a “Smartphone Organization System and Application.” The filing aimed to introduce a…
Moderna has recently sought the intervention of the Federal Circuit to reverse a decision by the Patent Trial and Appeal Board (PTAB). The board had invalidated two of Moderna’s COVID-19 vaccine patents, deeming them obvious despite their success. This challenge emerged following objections raised by Pfizer and BioNTech, two significant players in the COVID-19 vaccine…
A Texas federal judge has overturned a jury’s May verdict that had awarded Maxell Ltd. $111.7 million in damages from Samsung Electronics Co. Ltd. for patent infringement. The jury had previously found that Samsung willfully infringed three of Maxell’s patents related to smart device technologies, including methods for unlocking devices, locating recordings, and managing digital…
In a period marked by continued change within the U.S. Patent and Trademark Office (USPTO), two of its leading legal experts are set to depart. The movement comes amid a broader reorganization within the agency’s legal department, which has already seen several shifts in its leadership roles reported by industry insiders. These departures are part…
The U.S. Supreme Court has been urged to address a significant ruling by the Federal Circuit that could reshape the landscape of patent law. At the heart of the controversy is the Federal Circuit’s decision that the filing date of a patent application, rather than its publication date, determines whether it can serve as prior…
In a significant legal battle, SanDisk Technologies Inc. and its former parent company have brought their grievances before the Federal Circuit. They are challenging the discretionary denial practices of the U.S. Patent and Trademark Office (USPTO). The core of their argument revolves around the USPTO’s acting director’s determination that patent owners anticipate stability after their…