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PTAB/USPTO Update - September 2021

USPTO Leadership - ..Drew Hirshfeld is still performing the functions and duties of Director. The Biden Administration has not made an announcement as to who will be nominated to become the next Director. ...more

PTAB/USPTO Update - August 2021

USPTO Leadership - ..Drew Hirshfeld is still performing the functions and duties of Director. The Biden Administration has not made an announcement as to who will be nominated to become the next Director....more

Focus on Healthcare in New Biden Administration Executive Order on Competition

On July 9, 2021, the Biden Administration issued an Executive Order on “Promoting Competition in the American Economy.” The Order is notable in its breadth and commitment to a coordinated federal government approach to...more

PTAB/USPTO Update - July 2021

USPTO Leadership - ..Drew Hirshfeld is still performing the functions and duties of Director. The Biden Administration has not made an announcement as to who will be nominated to become the next Director....more

PTAB/USPTO Update - June 2021

USPTO Leadership - ..Drew Hirshfeld is still performing the functions and duties of Director.  No announcement from the Biden Administration as to who will be nominated to become the next Director. IP Toolkit -...more

PTAB/USPTO Update - May 2021

USPTO News - USPTO announced a new category for its Patents for Humanity Program for inventors of technology to track, prevent, diagnose, or treat COVID-19....more

PTAB/USPTO Update - April 2021

Notices, Guidance and Requests - ..Administrative Updates to the General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases, 86 Fed. Reg. 54 (March 23, 2021) [Written...more

USPTO/PTAB Update - March 2021

USPTO News - ..Administrative Patent Judges Michael Cygan and Kristi L. R. Sawert, and Patent Attorney Thomas Volper discussed the one-year ex parte appeal, Fast-Track Appeals Pilot Program, and what happens after PTAB...more

USPTO/PTAB Update - February 2021

USPTO Director Andrei Iancu and Deputy Director Laura Peter resigned from their respective posts prior to inauguration day. Commissioner for Patents Drew Hirschfeld and Senior Counsel Coke Morgan Stewart are temporarily...more

PTAB/USPTO Update - December 2020

USPTO News - ..David Berdan has been appointed USPTO’s General Counsel. As General Counsel, Mr. Berdan will serve as the principal legal advisor to the Director. He will also supervise the Office of General Counsel and...more

PTAB/USPTO Update - November 2020

USPTO News - ..USPTO releases report on artificial intelligence and intellectual property policy. ..Mary Critharis has been appointed the USPTO’s Acting Chief Policy Officer and Director for International Affairs. Ms....more

PTAB/USPTO Update - October 2020

 USPTO News - ..USPTO launches National Council for Expanding American Innovation (NCEAI) ..The PTAB has added an online form to the USPTO website that allows any member of the public to nominate any PTAB decision for...more

The PTAB and New Grounds of Unpatentability

The Patent Trial and Appeal Board’s Precedential Opinion Panel issued its decision in Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, No. IPR2018-00600, on July 6, 2020. The decision is only the fourth precedential opinion...more

Ranking Parallel Petitions Before the PTAB: A Survey

On November 10, 2018, Comcast Cable Communications, LLC (Comcast) filed six inter partes review (“IPR”) petitions, each challenging claims 1–28 of Rovi Guides, Inc.’s (Rovi’s) U.S. Patent No. 7,827,585. In an unprecedented...more

INSIGHT: SAS v. Iancu - Changes to Inter Partes Review and Beyond

On April 24, 2018, the Supreme Court issued its decision in SAS Institute Inc. v. Iancu 138 S. Ct. 1348 (2018). SAS involved a challenge to the Patent Trial and Appeal Board’s (Board) practice of instituting inter partes...more

USTR Releases List of Chinese Products to Be Subject to Section 301 Tariffs and China Responds by Implementing Retaliatory Tariffs...

On June 15, both the Office of the United States Trade Representative (USTR) and the Chinese Ministry of Finance announced that products imported under certain tariff lines from China and from the United States, respectively,...more

USTR Releases Proposed List of Chinese Products to Be Subject to Section 301 Tariffs

On April 3, the Office of the United States Trade Representative (USTR) released a list of proposed products that may be subjected to additional tariffs of 25 percent ad valorem, in accordance with President Trump's March 22...more

President Trump Directs Action as a Result of USTR's Section 301 Investigation on China's Laws, Policies, Practices, or Actions...

Yesterday, President Trump signed a Presidential Memorandum regarding China's technology transfer, intellectual property, and innovation-related laws, policies, practices, and actions. The Presidential Memorandum directs the...more

4 Factors Influencing Enhanced Damages After Halo

This article considers district court decisions on enhanced damages issued within the first six months after Halo, particularly focusing on the factors that influence whether enhanced damages are ultimately awarded. Our...more

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