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New Organization Created to Promote Strong IP Rights

By Kirk M. Hartung

The Council for Innovation Promotion was launched on September 22 as a bipartisan coalition to promote strong and effective intellectual property rights. The organization was formed by a team of leaders in intellectual property: Frank Cullen, former V.P of U.S. Policy, Chamber of Commerce Global Innovation Policy Center; Andrei Iancu, former Under Secretary of Commerce […]

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Solicitor General Urges Supreme Court to Deny Cert in Amgen Antibody Patenting Case

By Melissa Mitchell

In an amicus brief for the United States Government released September 21, 2022, the Solicitor General advises the Supreme Court to deny Amgen Inc.’s petition for a writ of certiorari in the Amgen v. Sanofi case. If the Supreme Court follows the Government’s suggestion, it could mean a swift end for the controversial antibody patenting […]

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Third Retired CAFC Judge Laments Patent Eligibility Mess

By Kirk M. Hartung

Last week, retired Chief Judge Randall Rader, of the Court of Appeals for the Federal Circuit, expressed concern over the ongoing problem with patent eligibility. Rader, whose 24 years on the Court ran from 1990 – 2014, stated that his former court is contributing to the confusion and flaws on the eligibility issue. Rader blames, […]

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The USPTO Takes Steps to Encourage International Green Technologies

By Ashley Holland

Last month, the USPTO announced that they have become a technology partner to WIPO GREEN, a World Intellectual Property Organization partnership aimed at highlighting green technologies. WIPO GREEN was established in 2013 and includes over 2,000 international users and over 130 international public and private companies, offices, organizations, research institutes, and business groups. This program […]

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Moderna sues Pfizer and BioNTech for Patent Infringement Related to COVID-19 Vaccines

By Julie L. Spieker

On Friday Moderna issued a news release stating that the company is filing complaints in both the United States and Germany alleging that Pfizer and BioNTech’s COVID-19 vaccine (Comirnaty®) infringes three of Moderna’s patents. The patents at issue are US Patent Nos 10,898574, 10,702,600, and 10,933,127. The patents cover Moderna’s mRNA technology that Moderna say […]

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The Oprah Effect: Podcasters Sued for “Oprahdemics” Brand

By Nicholas J. Krob

“YOU get a car! YOU get a car! YOU get a car!” Kellie Carter Jackson and Leah Wright Rigueur, however, get a lawsuit. Media giant Oprah Winfrey seemingly strayed from her benevolent ways earlier this month when her media company Harpo, Inc. filed a lawsuit against Jackson and Rigueur, as well as Roulette Productions, LLC, […]

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Who is monetizing your online presence? Commercial surveillance and the FTC’s new rules

By Cassie J. Edgar

The Federal Trade Commission just posted notice of its intent to increase federal regulations regarding commercial surveillance, data security and privacy. The FTC defines commercial surveillance as “the business of collecting, analyzing, and profiting from information about people.” Currently, the FTC’s ability to deter unlawful conduct is limited because the agency generally lacks authority to seek financial […]

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Federal Circuit reiterates holding regarding errors in prior art references

By Joseph M. Hallman

On July 11, 2022, in LG Electronics Inc. v. ImmerVision, Inc., the Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the United States Patent Trial and Appeal Board’s (“PTAB”) final written decisions in two inter partes reviews (“IPR”) wherein it was held that LG Electronics Inc. (“LG”) failed to show that the challenged […]

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In a diminishing talent pool, should you hire an independent contractor? Remember the ABCs.

By Cassie J. Edgar

It is increasingly hard to find top talent to fill roles.  As a result, organizations are adopting flexible models to allow remote/hybrid work to help fill needs, in addition to paying increased wages compared to pre-pandemic levels.  For those asking if they should hire an independent contractor instead of an employee, the waters are increasingly […]

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Engagement announcement: USPTO and Regulatory Agencies Tie the Knot

By Cassie J. Edgar

After many years of casual data sharing between agencies, the USPTO has formally announced its intentions to marry the duty of disclosure for patent prosecution with the regulatory process.  Today’s notice clarifies the scope of duties of inquiry and disclosure to the Patent Office, including for statements made to the FDA and other regulatory agencies […]

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