Category: United States Patent & Trademark Office
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Supercomputer firm ParTec seeks discretionary denial of Microsoft’s PTAB IPR petition under Acting USPTO Director’s new bifurcated framework
A dispute over the architecture of server clusters used for AI could give rise to one of the first high-profile discretionary denials under Acting Director Coke Morgan Stewart’s new rules.
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Discretionary denials of PTAB inter partes reviews come back with a vengeance: Fintiv review inserted before potential merits proceedings
Within four weeks of her decision to rescind former USPTO Director Kathi Vidal’s memo narrowing the application of Fintiv, Acting Director Coke Morgan Stewart has taken another bold step favoring patentees.
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Gallium nitride patent wars: China’s Innoscience claims “ultimate victory” in ITC litigation against EPC
The United States Patent & Trademark Office has invalidated the only remaining patent in a United States International Trade Commission dispute initiated by Efficient Power Conversion over gallium nitride patents, handing Innoscience a significant win.
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‘SEPs are life’ but finite resources, geopolitical circumstances put proposed EU SEP Regulation on ‘timeout’: European Commission’s Kamil Kiljański
Speaking at a SEP conference in Warsaw today, DG GROW IP deputy director Kamil Kiljański emphasized that the European Commission’s decision to withdraw its proposed SEP regulation was only on a “timeout” and that a large factor that contributed to this was a shift in geopolitical circumstances – in particular those in the U.S. and…
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Japan’s Nippon Shinyaku vows to fight on in U.S. drug dispute against Sarepta Therapeutics, despite heavy $115 million blow
The Japanese pharma company initiated the drug patent litigation in 2021, but the case eventually boomeranged and a District of Delaware verdict last week ultimately handed Sarepta the win.
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Chinese medical device makers settle six-year pulse oximeter litigation in the U.S.
Beijing Choice and Contec settled their patent infringement dispute for US$1 million, and the defendant has agreed not to sell its fingertip oximeters in the U.S. without signing a licensing agreement first.
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$847 million patent verdict against Verizon; Ericsson on extended receiving end of $583M part, fighting patent at PTAB jointly with Nokia
Context: Hardly a month passes without a non-practicing entity (NPE) obtaining a patent damages verdict in the hundreds of millions of dollars in U.S. district court (May 11, 2024 ip fray article). What’s new: On Friday (June 28, 2024), a jury in the Eastern District of Texas awarded NPE General Access Solutions $847 million over…
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Supreme Court casts USPTO into greatest legal uncertainty in its (at least modern) history: Loper Bright v. Raimondo
The Supreme Court has overruled a decades-old doctrine that entitled government agencies such as the USPTO to deference on legal questions concerning their governing statutes.
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USPTO Director gives another indication of U.S. opposition to EU SEP Regulation proposal
Context: Current as well as former U.S. government officials have repeatedly expressed concern over the proposed EU regulation on standard-essential patents (SEPs) and its potential impact on innovation and national security in the Western world. Earlier this month, ip fray reported on a memorandum signed by the United States Patent & Trademark Office (USPTO) and…
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USPTO, UKIPO formalize alliance on standard-essential patent policy, seeking to dissuade EU from regulatory excess — UPDATE: UKIPO denies advocacy objective
The patent offices of the United States and the United Kingdom yesterday signed a memorandum on standard-essential patent policy. One objective is to dissuade the EU from unhelpful regulatory overreach.