The now ten year-old law that created the Inter Partes Review (“IPR”) system gave the U.S. Patent and Trademark Office (“PTO”) the discretion to deny institution of an IPR when there was not a “reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the ...More
The much-awaited U.S. Supreme Court’s decision in United States v. Arthrex, Inc. issued on June 21, 2021 and held that PTAB judges’ power to issue final determinations for the executive branch in IPRs was “incompatible” with the mechanism used to appoint them. For those involved in pending IPRs and pending ...More
Presidential administrations have affected intellectual property (IP) policy since the very beginning of United States history. In his first State of the Union address in 1790, President George Washington discussed patents. Since then, people have predicted how IP policy will evolve under each ...More
Just five years ago, on May 11, 2016, President Obama signed the Defend Trade Secrets Act (the “DTSA”). This important legislation created a new, federal civil cause of action for trade secret misappropriation. The DTSA came on the heels of the 2011 America Invents Act (the “AIA”)—the most significant ...More
Over the course of the past year, many trial attorneys in state and federal courts have seen cases effectively stayed by COVID-related delays. COVID hampered in-person discovery and caused courts to re-set jury trial dates. Such disruptions in the timelines of cases are not new to patent litigators, however. Even ...More
*Note: this post contains information from an ongoing quantitative analysis study of the Western District of Texas, Waco Division. Watch this blog for further updates.
Waco is famous for a few things: Baylor University (Congrats on the Championship!), the HGTV series Fixer Upper with Chip and Joanna Gaines, and ...More
The COVID-19 pandemic has been a catalyst for medical technology innovation, especially the Internet of Medical Things (IoMT). IoMT generally refers to the use of network and cloud technologies to connect medical equipment and devices with healthcare information technology systems. With IoMT technology ...More
In recognition of Black History Month, we wanted to recognize some inventors whose innovations set the foundation for safer lives and enhanced computer technology ... More
The vast majority of patent litigation involves a patent or a patent portfolio that has been assigned at least once during its life. Yet seemingly simple and ubiquitous patent assignment documents are blundered by even experienced counsel. Failed patent assignments present a conspicuous procedural trap for ...More
There can be no dispute that Texas federal district courts are a favored venue for patent litigants. In 2020, approximately 4,000 patent cases were filed in district courts throughout the country. Of those cases, more than one-third were filed in the four Texas federal districts: the Eastern, Western, Northern ...More
- What’s Really Going on with Fintiv at the Patent Trial and Appeal Board?
- United States v. Arthrex: Power given to PTAB Patent Judges “Incompatible” with their Appointment
- Anticipating President Biden’s Intellectual Property Policy in an Historical Context
- Patent and Trade Secret Protection of Inventions: 5 Things to Remember on the 5th Anniversary of the Defend Trade Secrets Act
- To Stay or Not to Stay: the Impact of IPRs on Patent Litigation
- What is in the Water in Waco? A Lot of Patents!
- Patent Litigation Considerations for the Internet of Medical Things (IoMT) COVID-19 Boom
- Famous Black Inventors
- Seemingly Simple Things that Are Often Done Wrong: Patent Assignments and the German Act on Employee Inventions
- Patent Litigation in the Southern District of Texas is on the Rise