IPO Daily NewsTM

A quick read, the IPO Daily NewsTM is three to five concise paragraphs a day. It includes summaries of all patent and trademark opinions of the U.S. Court of Appeals for the Federal Circuit, the next day after opinions are issued and wire service stories of other selected IP cases.

USPTO Issues Interim Procedure on PTAB Discretionary Denials

USPTO ISSUES INTERIM PROCEDURE ON PTAB DISCRETIONARY DENIALS Yesterday USPTO Acting Director COKE STEWART issued “Interim Processes for PTAB Workload Management,” specifying that she, in consultati[...]

Join IPO and USIPA on April 24 for a Corporate IP Roundtable Featuring Ceyda Maisami, HP Inc.

JOIN IPO AND USIPA ON APRIL 24 FOR A CORPORATE IP ROUNDTABLE FEATURING CEYDA MAISAMI, HP INC. IPO and US Intellectual Property Alliance (USIPA) are co-hosting a Corporate IP Roundtable on April 24,[...]

Provisional Application Must Support Subject Matter Cited as Prior Art to Claim Provisional Priority Date

*PROVISIONAL APPLICATION MUST SUPPORT SUBJECT MATTER CITED AS PRIOR ART TO CLAIM PROVISIONAL PRIORITY DATE In re Riggs, 22-1945 -- Yesterday in an opinion by Judge STOLL, the Federal [...]

Federal Circuit Declines to Expand Prosecution Disclaimer Analysis

*FEDERAL CIRCUIT DECLINES TO EXPAND PROSECUTION DISCLAIMER ANALYSIS  Maquet Cardiovascular LLC v. Abiomed Inc., 23-2045 -- On Friday in an opinion by Judge REYNA, the Federal Circuit [...]

Keeping Up With Today’s English in the U.S.

KEEPING UP WITH TODAY’S ENGLISH IN THE U.S. Avoid Comma Clutter – Many IP briefs and opinions are cluttered with commas that are considered unnecessary today. The rule of thumb to ins[...]

Failure to Timely File Under 37 C.F.R. § 90.2(a)(3)(ii) Did Not Affect Federal Circuit’s Jurisdiction

*FAILURE TO TIMELY FILE UNDER 37 C.F.R. § 90.2(A)(3)(II) DID NOT AFFECT FEDERAL CIRCUIT’S JURISDICTION AMP Plus, Inc. v. DMF, Inc, 23-1997 -- Yesterday in an opinion by Judge REYNA, t[...]

Sua Sponte Show Cause Order Was Within ITC’s Discretion

*SUA SPONTE SHOW CAUSE ORDER WAS WITHIN ITC’S DISCRETION Realtek Semiconductor Corp. v. Int’l Trade Comm., 23-1095 -- Yesterday in an opinion by Judge REYNA, the Federal Circuit uphel[...]

IPO Submits Comments on AI Action Plan

IPO SUBMITS COMMENTS ON AI ACTION PLAN As previously reported, on January 23, President Trump signed an Executive Order directing the development of an “Artificial Intelligence Action Plan” within [...]

District Court Was Not Bound by Previous Claim Construction in Applying Becton

**DISTRICT COURT WAS NOT BOUND BY PREVIOUS CLAIM CONSTRUCTION IN APPLYING BECTON Regeneron Pharms, Inc. v. Mylan Pharms Inc., 24-2351 -- On Friday in an opinion by Judge LOURIE, the F[...]

Reissued Patents Entitled to PTE Based on Original Patent’s Issue Date

**REISSUED PATENTS ENTITLED TO PTE BASED ON ORIGINAL PATENT’S ISSUE DATE Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., 23-2254 -- Yesterday in an opinion by Judge DYK, t[...]