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Federal Circuit Identifies Questions For Evaluating New Claims In IPR proceedings

By Joseph M. Hallman

On March 24, 2022, in Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, the  Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the Patent Trial and Appeal Board’s (“PTAB”) decision finding the claims of the US Patent No. 9,581,422 (“the ‘422 patent”) to be unpatentable as anticipated. The Federal Circuit also affirmed the decision […]

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New Head for U.S. Patent & Trademark Office Confirmed by Senate

By Kirk M. Hartung

On April 5, 2022, the U.S. Senate confirmed Kathy Vidal as the new Under Secretary of Commerce for Intellectual Property and Director of the US Patent & Trademark Office. The position had been vacant for over a year following President Biden taking office, though Drew Hirshfeld had been informally fulfilling the duties of the director. […]

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COVID-19 Prioritized Examination Pilot Program Extended

By Brian D. Keppler, Ph.D.

The USPTO recently announced on March 25, 2022 that the COVID-19 Prioritized Examination Pilot Program has been extended for a third time. Requests for prioritized examination filed in qualifying patent applications will now be accepted until midnight on June 30, 2022. The pilot program began accepting requests on July 13, 2020 and was initially limited […]

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Retired Federal Circuit Judge Seeks Patent Law Clarification

By Kirk M. Hartung

With her retirement from the Court of Appeals for the Federal Circuit on March 11, 2022, Judge Kathleen O’Malley feels the need to express her sentiments on several patent law issues that need attention from the Supreme Court or from Congress.  She served on this Court (which has exclusive jurisdiction for patent appeals from U.S. […]

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Expanded Collaborative Search Pilot Program – New Combined Petition Option For Participation

By Gregory Lars Gunnerson

Yesterday, March 29, 2022, the USPTO published a notice on the Federal Register, announcing it is making it easier to participate in the Expanded Collaborative Search Pilot (CSP) program. Specifically, the USPTO collaborated with its counterpart offices, the Japan Patent Office (JPO) and the Korea Intellectual Property Office (KIPO), to develop a combined petition form […]

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Copyright, Fair Use, and the Internet

By Brandon W. Clark

In the most general sense, copyright infringement is copying, or using, a work protected by copyright without permission from the copyright owner. Almost inevitably, soon after you hear the words “copyright infringement,” you will also hear the words “fair use.” Fair use is one of the most frequently discussed defenses to copyright infringement but it […]

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Policing Copyrights: Dua Lipa Sued for Allegedly Plagiarizing “Levitating”

By Gregory Lars Gunnerson

We often get asked: Just how exactly does one prevail at trial in a copyright litigation? To what degree of likeness do songs have to have in order to be considered a copy? Forensic musicology is the means by which parties can offer evidence in copyright disputes. Forensic musicologists analyze melody, harmony, rhythm, and orchestration […]

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Law Firms Pull Out of Russia

By Kirk M. Hartung

In response to Russia’s invasion of Ukraine, many multi-national law firms are closing their Russian offices.  At least two dozen big law firms have decided to stop business for the foreseeable future.  This affects upwards of 1000 attorneys practicing in Russia.  Some firms are moving their Moscow-based attorneys out of the country, at least in […]

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USPTO Terminates Global Patent Prosecution Highway with Rospatent

By Luke T. Mohrhauser

The United States Patent and Trademark Office (USPTO) announced today, effective March 11, 2022, that it will no longer grant requests to participate in the Global Patent Prosecution Highway (GPPH) at the USPTO when such requests are based on work performed by Rospatent (Russian Patent Office) as an Office of Earlier Examination under the GPPH. […]

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Expanded Export Restrictions Target Russia for Ukraine Invasion

By Michael H. Anderson, Ph.D.

The United States and its allies have imposed a variety of financial sanctions and export control restrictions aimed at Russia and Belarus in the wake of Russia’s invasion of Ukraine in February 2022. These sanctions affect companies with business in Russia, Belarus, and Ukraine, in addition to companies that plan to draw investment from these […]

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