Blog Posts

April Madness Is Here

March Madness is over, with the Big Ten not taking home a championship.  (A sad day for Michigan fans like me.) But that’s okay—in April, the Big Ten Network has plenty to keep busy with.  Baseball, softball, tennis, track and field, rowing… And patent lawsuits. At-Home Broadcasting About a decade ago, the Big Ten created…

Why Is The ITC Instituting Investigations On Expiring Patents?

Yesterday, the ITC published the Federal Register notice of the initial determination of an ITC administrative law judge (ALJ).  The ALJ determined that the investigation, instituted in January based on a complaint filed last year, shouldn’t go further forward and terminated the case for good cause. I’m going to totally set aside the merits of…

Fee-Setting Reauthorization Bill Introduced In Senate

Senator Coons has long been interested in strengthening patents.  While some of his efforts, like the STRONGER Patents Act, would actually harm the U.S.’s innovation economy by strengthening patents at the expense of innovation, his latest bill is different. Last week, Senator Coons (along with Senator Hatch) introduced the Building Innovation Growth through Data for…

Courts Will Swipe Left On Tinder’s Suit Against Bumble

Tinder swiped right on a lawsuit against Bumble last week, but their lawsuit has more than just surface flaws.  Tinder’s lawsuit alleges a number of forms of intellectual property violations—but basically, it comes down to claiming that they own the idea and the design of swiping, especially for a dating app. A Brief History Of…

Like A Horror Movie Villain, The STRONGER Patents Act Returns

Since the STRONGER Patents Act was introduced last year, it’s basically been a dead topic.  Maybe that’s because the bill would gut the extremely successful inter partes review procedure and overturn more than a decade of Supreme Court precedent, crippling the ability of small and medium enterprises to develop products without fear.  It would even make…

Senate Introduces Bill To Prevent Abuse Of Sovereign Immunity

Yesterday Senators Cotton, McCaskill, Toomey, Ernst, and Perdue introduced the Preserving Access to Cost Effective Drugs (PACED) Act, a bill which would help prevent sovereign immunity from being abused to prevent invalid patents from being struck down by the U.S. Patent and Trademark Office. As Patent Progress has previously described, sovereign immunity has been abused…

Granted In 19 Hours

Patent examiners have an extremely hard job.  They’re given a patent application—which could be anywhere from a page long up to hundreds of pages, with patent claims ranging from a couple sentences to pages of description—and expected to understand the technology behind the application, look for any possible examples of prior art, describe how the…

Is § 101 Impossible To Understand?  Survey Says: No

Critics of the Alice/Mayo framework for § 101 patentable subject matter tend to claim that it’s impossible to understand or apply.  Thanks to an enterprising 3L at Stanford, we now have survey evidence that the critics (and Judge Michel) are wrong.  It’s time to play…. § 101 Feud! From Various Parts, It’s… § 101 Critics…

PTAB Rejects Allergan’s Tribal Sovereign Immunity Claim

On Friday, the Patent Trial and Appeal Board (PTAB) issued a ruling rejecting Allergan’s sovereign immunity claims. As Patent Progress has previously described [1][2][3], Allergan sold their patents to a Native American tribe, licensed them back, and required the tribe to claim sovereign immunity against inter partes reviews.  But, as also previously described here, there…