Or maybe not. On April 30th, Ambassador Katherine Tai, U.S. Trade Representative (USTR), issued the 2021 Special 301 Report. In a press release, the USTR stated that "[i]ntellectual property rights incentivize our creators,...more
Dennis Crouch, our colleague at Patently-O, tweeted last week that there have Dennis Crouch, our colleague at Patently-O, tweeted last week that there have been 148 U.S. patents granted having disclosure related to (COVID-19...more
While the details of the WTO patent waiver have not been determined (or more properly negotiated), it is important to consider the structure of the international trade regime in which the waiver will operate and the...more
5/10/2021
/ Coronavirus/COVID-19 ,
Eminent Domain ,
Fifth Amendment ,
GATT ,
Innovation ,
Intellectual Property Protection ,
Just Compensation ,
Patents ,
Takings Clause ,
TRIPS Agreement ,
Vaccinations ,
WTO
And everybody knows that suspending patent rights is necessary to provide sufficient vaccine to stem the global pandemic caused by the SARS-CoV-2 virus known as COVID-19. It is always a sign of intellectual weakness and pack...more
Demagogy is never pretty. When coupled with a species-threatening pandemic, the propensity for the pundit class is to be susceptible to solutions that sound reasonable only to the uninformed. To make matters worse, some of...more
Last December, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") filed its Substantive Motion No. 3 under 37 C.F.R. § 41.121(a)(1) asking for judgment of...more
Senator Thom Tillis (R-NC) has been busy letter writing lately (see "Sen. Tillis Sends Letter to President Regarding Next USPTO Director"), and spent a good portion of 2019 being busy trying to convince his colleagues in...more
The transcendental conundrum in patent law in these times is how to overcome the misinterpretation of the Supreme Court's decisions on patent eligibility law by district courts and the Federal Circuit. That these courts...more
12/17/2020
/ Abstract Ideas ,
Biotechnology ,
CLS Bank v Alice Corp ,
DNA ,
Intellectual Property Protection ,
Mayo v. Prometheus ,
Natural Products ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101
Earlier this year, and almost one year to the day (January 17, 2019) that the Opposition Division (OD) of the European Patent Office revoked in its entirety European Patent No. EP 2771468, the Technical Board of Appeal...more
12/9/2020
/ Appeals ,
Bioengineering ,
CRISPR ,
EU ,
European Patent Office ,
Human Genes ,
Intellectual Property Protection ,
Paris Convention ,
Patent Applications ,
Patents ,
Priority Patent Claims ,
Revocation
What Quantum of Culpable Conduct Is Required for an ANDA Applicant to Induce Infringement?
The back-and-forth, (almost) cat-and-mouse-like competition between branded innovator and generic drug makers sanctioned under the...more
The Federal Circuit during 2019 and 2020 has issued a spate of decisions on the proper application of the Doctrine of Equivalents (see, e.g., UCB, Inc. v. Watson Laboratories Inc. and Galderma Laboratories, L.P. v. Amneal...more
The 2019 Review of Notorious Markets for Counterfeiting and Piracy provides a list of such markets (the NML), of both physical and virtual (online) varieties. These include...more
5/15/2020
/ Copyright Infringement ,
Counterfeiting ,
Cyber Crimes ,
Digital Marketplace ,
Intellectual Property Protection ,
Malware ,
Notorious Markets List (NML) ,
Patent Infringement ,
Piracy ,
Risk Assessment ,
Risk Mitigation ,
Section 301 ,
Trademark Infringement ,
USTR
On April 29th, Ambassador Robert Lighthizer, U.S. Trade Representative (USTR), issued the 2020 Special 301 Report. In a press release, the USTR stated that "[t]he Trump Administration is committed to holding intellectual...more
In 1984, Senator Orrin Hatch (R-UT) and Rep. Henry Waxman (D-CA) shepherded a grand legislative compromise through Congress that balanced the rights and solved inefficient regulatory consequences for both branded and generic...more
5/4/2020
/ Abbreviated New Drug Application (ANDA) ,
Appeals ,
Dismissals ,
Generic Drugs ,
Hatch-Waxman ,
Intellectual Property Protection ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patent Term Extensions ,
Patents ,
Pharmaceutical Patents ,
Reaffirmation
On January 15th, the U.S. and China announced bilateral approval of an agreement resolving some of the trade disputes between the two countries that have developed (or become more evident) over the past three years. One of...more
On April 25th, Ambassador Robert Lighthizer, U.S. Trade Representative (USTR), issued the 2019 Special 301 Report. In a press release, the USTR stated that "over the coming weeks, USTR will review the developments against...more
On April 28th, Ambassador Robert Lighthizer, U.S. Trade Representative (USTR), issued the 2018 Special 301 Report. According to the USTR website, "[t]he ideas and creativity of American entrepreneurs fuel economic growth and...more
In the wake of President Trump's decision to withdraw from the Trans-Pacific Partnership, the other countries involved in negotiations (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore,...more
One of Donald J. Trump's signature campaign promises was to reject the Trans-Pacific Partnership negotiated by the Obama administration, and true to his word he did just that almost immediately upon being sworn into office. ...more
On April 28th, Ambassador Robert Lighthizer, U.S. Trade Representative (USTR), issued the 2017 Special 301 Report. According to the USTR website, "[t]he 2017 Special 301 Report underscores the Administration's key trade...more
The Trans-Pacific Partnership (TPP) was the latest in a series of multination international agreements aimed at reducing trade barriers and promoting global free trade. Most of these agreements are “regional,” like the North...more
On April 27th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR), issued the 2016 Special 301 Report. According to the USTR website, "[i]ntellectual property is a critical source of economic growth and...more
5/20/2016
/ Copyright ,
Counterfeiting ,
Film Industry ,
Global Market ,
Innovation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Life Sciences ,
Medical Research ,
Patents ,
Pharmaceutical Patents ,
Piracy ,
Software ,
Trade Secrets ,
Trademarks ,
USTR ,
WIPO
The Obama Administration released the approved text of the Trans Pacific Partnership (TPP) agreement last week, and it is substantially (and perhaps entirely; there has not been sufficient time to compare) the same as the...more
Progress, and faith in progress to improve human lives, has been a cornerstone belief in American civilization (and, indeed, Western civilization generally, at least since St Augustine argued that Christ's death put an arrow...more
The diplomats negotiating the Trans Pacific Partnership (TPP) agreement have done the seemingly impossible: they have kept the details of the draft agreement secret from the press and interested parties in the United States,...more
10/16/2015
/ AMP v Myriad ,
Biologics ,
BPCIA ,
CLS Bank v Alice Corp ,
Copyright ,
Fast Track Process ,
GATT ,
Innovation ,
Intellectual Property Protection ,
Mayo v. Prometheus ,
Obama Administration ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
SCOTUS ,
Trademarks ,
Trans-Pacific Partnership ,
TRIPS Agreement ,
WTO