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, […]

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 […]

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 […]

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 […]

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 […]

Radar-Based Sleep Trackers: Sweet Dreams or Privacy Nightmare?

By Sarah M.D. Luth

It’s no secret that more people than ever are sleeping poorly.  A recent study by the American Academy of Sleep Medicine found that more than half of all Americans have had problems sleeping since the onset of the COVID-19 pandemic. Even independent of the pandemic, an estimated 70 million Americans are believed to suffer from […]

USPTO Extends Cancer Immunotherapy Pilot Program

By Melissa M. Mitchell

The United States Patent and Trademark Office recently issued a notice extending the Cancer Immunotherapy Pilot Program (AKA “Patents 4 Patients”) until September 30, 2022. The program was first implemented in 2016 as part of the $1 billion National Cancer Moonshot initiative and allows for fast-track review of cancer immunotherapy-related patent applications without the need […]

Supreme Court Punts on Patent Eligibility

By Kirk M. Hartung

Despite having the ball and everyone cheering for them, the U.S. Supreme Court decided not to go for a win, and denied a grant certiorari in American Axle & Manufacturing v. Neapco Holdings, LLC. Despite overwhelming support for the Court to take up this case to provide clarity to the ongoing uncertainty of patent eligibility, […]

Advantages of U.S. Provisional Patents Extend from Domestic to Foreign Filers

Regardless of their place of residence, every client should initiate their patent filing in the jurisdiction of the most commercial potential for their product. If a new invention is related to oil production, for example, one might consider filing a patent application in Venezuela, which contains the largest proven oil reserve in the World. Similarly, […]

USPTO Issues Report on Current State of Patent Eligibility Law

By Ashley E. Holland

Earlier this week the U.S. Patent and Trademark Office (USPTO) issued a report to Congress regarding public comments and insight into the state of patent subject matter eligibility. See report here. Patent eligibility law has been complicated by recent Supreme Court decisions like Alice Corp. v. CLS Bank (2014) and Mayo v. Prometheus (2012). Even […]