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Tillis and Other Senate Republicans Bristle at Biden’s Nomination of Gigi Sohn to the FCC

On November 30, Senator Thom Tillis (R-NC) wrote a letter addressed to President Joe Biden asking Biden to withdraw the nomination of Gigi Sohn, a co-founder of the open Internet advocacy group Public Knowledge, to serve as a commissioner with the Federal Communications Commission (FCC). [link]

Moderna Strikes Out at CAFC on Challenges to Arbutus Patents that May Pose a Risk to COVID Vaccines

The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled yesterday in two precedential decisions that Moderna’s challenges to decisions of the Patent Trial and Appeal Board (PTAB) in favor of Arbutus both failed. [link]

Tillis Pushes Tai Again on TRIPS IP Waiver Proposal, as South Africa Asks to Delay Delivery of Vaccines

Yesterday, Senator Thom Tillis (R-NC), the Ranking Member on the Senate IP Subcommittee, wrote to Ambassador Katherine Tai, the United States Trade Representative who is responsible for negotiating an IP Waiver to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement with the World Trade Organization (WTO).[link]

Vidal Agrees Eligibility Needs More Clarity in Senate Judiciary Committee Questioning of Two IP Nominees

Today, the full Senate Judiciary Committee held a hearing to question two key IP nominees: Judge Leonard Stark of the of the United States District Court for the District of Delaware, who was nominated to replace Judge Kathleen O’Malley on the U.S. Court of Appeals for the Federal Circuit (CAFC); [link]

Patent Filings Roundup: Board Reverses Own Fintiv Denial; Joao Entity’s Bad Bet; NPE Adopts Anticounterfeiting Tactics

With the Thanksgiving holiday, Patent Trial and Appeal Board (PTAB) (18) filings were down, but district court patent filings held steady at 62, with (again) an astounding number of closed or terminated cases (almost 100), many voluntarily dismissed without prejudice.[link]

Live, Work and Play in a Legal Metaverse: Preparing for a New Online Existence

Companies spend billions and invest heavily in technologies that offer greater telepresence and enable an individual’s digital life. [link]

O’Malley Dissents from ‘Concerning’ CAFC Ruling that Biogen’s MS Drug Patent is Invalid

The U.S. Court of Appeals for the Federal Circuit (CAFC) earlier today affirmed a district court ruling that Biogen International’s patent for a method of treating multiple sclerosis (MS) was invalid for lack of written description.[link]

Could Description Amendments Made During Prosecution at the European Patent Office Affect U.S. Litigation?

Earlier this year, the European Patent Office (EPO) updated some of its Guidelines for Examination in a way that potentially could affect U.S. patent litigation. [link]

The DOCX Transition: The USPTO Explains Why It’s Delaying the Fee for Non-DOCX Filings

On Friday, November 19, the USPTO announced that it will be delaying the $400 fee for patent applications filed in non-DOCX formats until January 1, 2023. Previously, the fee was set to take effect on January 1, 2022, but the Federal Register notice, officially published on Novemebr 22, [link]

Vidal Confirmation Hearing Should Provide a Hint at What’s Ahead for Patent Owners

IPWatchdog has been told that Kathi Vidal, who is President Biden’s nominee for Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO), [link]

This Week in Washington IP: Ensuring U.S. Leadership in Microelectronics, Amending Section 230 Immunity for Big Tech, and the Decadal Survey for Astronomy and Astrophysics

This week in Washington IP news, committee hearings in the House of Representatives will focus on ways to ensure that America retains global leadership in microelectronics,[link]

Rethinking Innovation with Michel, Iancu, and Watts

November, the University of Illinois Chicago (UIC) School of Law held its 65th Annual Intellectual Property Law Conference.[link]

IP Goes Pop! Season 2 Episode 3: Taking Back the Music

This week on IP Goes Pop! fellow Volpe Koenig Shareholder Robert Leonard joins Michael Snyder to talk about artists’ rights and attempts by musicians to regain rights to their original recordings.[link]

Can You Refile a Provisional Patent Application?

The question that we receive most frequently from inventors, usually independent inventors, relates to whether a provisional patent application can be refiled with the United States Patent and Trademark Office (USPTO).  [link]

The 10 Most Active Patent Prosecution Attorneys of 2021

Earlier this year, we published our findings on some of the best performing patent firms of 2021.[link]

Patent Filings Roundup: Light Week Leading up to the Holidays Sees Record District Court Terminations

A light week last week headed into the holidays saw 20 Patent Trial and Appeal Board filings (two more against MemoryWeb, and a lot of one-offs, including one by gaming company Zynga against IGT).[link]

Thank You! From Trademark Amendments to Mentors, IP Stakeholders Get Grateful

It’s been another challenging year. At the end of 2020, we were all hopeful that 2021 would bring with it a chance to get back to normal, but that has so far eluded most of the world.[link]

Hindsight Bias: An Ovine Survey

The arrival of a U.S. Patent and Trademark Office (USPTO) office action citing no less than six earlier patents directed to various sub-combinations in the features of the main independent claim in an application which I was handling prompted the present note.[link]

PS5 faceplates could be coming soon according to a Sony patent

Sony has published a patent that would allow the platform holder to manufacture and sell faceplates for the PlayStation 5.[link]

The U.S. Patent System is Still Worth Saving

Much deserved criticism has been leveled at the U.S. patent system in the last decade or so, from all sides. No one branch of the system seems to much appreciate what the other branches are doing.[link]
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