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American Axle v. Neapco
Introduction On July 31, 2020, in American Axle v. Neapco, the Federal Circuit split 6-6 on the question of whether to grant en banc review of a panel decision on patent eligibility seen by many as an unwarranted extension of the principle that...
Read ArticleTHRYV INC. v. CLICK-TO-CALL TECHNOLOGIES LP
The question of whether the United States Court of Appeals for the Federal Circuit Court of Appeals has any right to examine a decision of the Patent Trial and Appeal Board (PTAB) to institute inter partes review or post grant review, as opposed to...
Read ArticlePatents in Crisis: Is there a Solution in Sight?
Patents in Crisis: Is there a Solution in Sight? Remarks prepared for presentation to the Emily C. and John E. Hansen IP Institute at Fordham Law School on September 19, 2019 I. Introduction II. The Four Sledgehammers Affecting Confidence in U.S....
Read ArticleU.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT HAS HELD THAT NEITHER STATE AGENCIES NOR INDIAN TRIBES ENJOY SOVEREIGN IMMUNITY, WHICH WOULD PROTECT THEIR PATENTS FROM CHALLENGE IN THE PATENT TRIAL AND APPEAL BOARD OF THE UNITED STATES PATENT AND TRADEMARK OFFICE
Introduction On July 20, 2018 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes...
Read ArticleWARNING: NEW THIRD PARTY SOLICITATIONS OF U.S. REGISTERED TRADEMARK OWNERS FALSELY REPRESENT REGISTRATION DATE TO GAIN EARLY PAYMENT FOR MAINTENANCE AND RENEWAL
Recent unsolicited notices have been sent to U.S. trademark owners from a third party calling itself “Patent and Trademark Office”. Like other similar third party solicitations, about which the U.S. Patent and Trademark Office continues...
Read ArticleNative American Tribes’ Patents Not Immune from Challenge in the Patent Trial and Appeal Board
On July 20 in Saint Regis Mohawk Tribe, Allergan, Inc. v. Mylan Pharmaceuticals Inc., a panel of the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore and Reyna JJ) held that Native American (“Indian”) Tribes do not enjoy Sovereign...
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