Potential provisions in the Trans-Pacific Partnership on drug patent protections and the length of copyright terms came under fire recently, with Democratic lawmakers, library associations and consumer groups voicing concern over proposals that are currently on the table.
The U.S. Secretary of Commerce on Wednesday named the U.S. Patent and Trademark Office’s Silicon Valley regional director Michelle K. Lee as the national office's new deputy director.
A bill designed to crack down on so-called patent trolls easily passed the U.S. House of Representatives on Thursday, with a new provision that requires patent holders to identify their ultimate parent entity when filing lawsuits in order to discourage litigants from hiding behind shell companies.
The U.S. Food and Drug Administration on Wednesday revised its recommendations for how generic-drug makers can prove that their products are released into the human body in the same manner as brand-name counterparts, issuing high-level guidance covering an array of approaches.
The top Republican on the Senate Finance Committee is urging U.S. Trade Representative Michael Froman to consider dropping some countries from the highly anticipated Trans-Pacific Partnership trade accord if they don’t agree to stringent rules for intellectual property rights protection, according to a letter dated Monday.
The Federal Circuit Bar Association told members of Congress on Tuesday that the judicial branch should take the lead in cracking down on so-called patent trolls and that any proposed legislation currently being considered to address the issue probably won’t be effective.
Since the launch two years ago of a federal pilot program to help judges gain proficiency in handling patent cases, participating Santa Ana, Calif., judges have seen an uptick in patent suits assigned to them, heralding the Central District of California, Southern Division’s emergence as an increasingly attractive venue for patent litigation, lawyers say.
The U.S. Trade Representative's office said Wednesday it will seek a “flexible” approach to pharmaceutical intellectual property provisions in the Trans-Pacific Partnership, attempting to allow access to lifesaving medicine while also retaining incentives for new drugs to be developed.
The U.S. Patent and Trademark Office announced Monday that it is extending a popular program launched last year to reduce patent pendency by giving examiners a limited amount of time to consider responses filed after the rejection of a patent application.
With the departure of acting director Teresa Stanek Rea, the U.S. Patent and Trademark Office has now been without a permanent director for nearly 10 months, which has hurt the agency's ability to influence policy and make long-term plans, experts say.
The House Judiciary Committee on Wednesday voted to approve a bill aimed at cracking down on so-called patent trolls, turning aside a slew of amendments that would have stripped controversial provisions raising pleading requirements and limiting discovery in patent cases.
The European Union's move to propose legislation to create a unionwide framework for trade secrets law has scored a thumbs up from intellectual property attorneys, who said on Tuesday that the plan was an important, long-overdue step forward from the frustrating patchwork of current laws.
A supposed draft of the Trans-Pacific Partnership's intellectual property chapter shows apparent efforts by the U.S. to push a number of IP proposals, including drug patent protections that would be similar to those under the Hatch-Waxman Act, experts say.
High-ranking Democrats on the House Judiciary Committee said Tuesday that proposed modifications to a bill designed to cut down on frivolous lawsuits by so-called patent trolls did not allay their concerns that the bill would needlessly alter all patent litigation and meddle with the separation of powers.
The best ways of combating copyright infringement in the digital age involve giving consumers legitimate access to content at a fair price, and reforms to copyright law should be focused on removing barriers to this access, witnesses told House lawmakers at a hearing Tuesday.
A bipartisan trio of senators on Monday introduced legislation designed to make it harder for so-called patent trolls to sue consumers and businesses, saying a number of “bad actors” had abused the current patent enforcement system for their own gain.
Two years after the America Invents Act was passed, its goal of providing a streamlined and cost-effective alternative to patent litigation is being undermined by the failure of Congress to provide the patent office and the courts with enough funding, experts said at a conference Monday.
A controversial proposal to expand a program providing for greater scrutiny of some patents has been scrapped from a bill before the House Judiciary Committee designed to target so-called patent trolls, according to a new version of the bill unveiled Monday.
The U.S. Environmental Protection Agency is proposing to amend certain provisions of the greenhouse gas reporting rule to alter the reporting requirements for industrial gas manufacturing facilities that produce fluorinated gas to reflect their desire to protect trade secrets.
A bill aimed cracking down on so-called patent trolls would weaken the patent system and drive up litigation costs, so lawyers must speak out to stop it from becoming law, the former chief judge of the Federal Circuit said at a conference Monday.
The extensive amendments to Federal Rule of Civil Procedure 45 that took effect on Dec. 1, 2013, bring welcome changes that simplify and streamline subpoena practice. In particular, the elimination of uncertainty in determining where compliance can be required and where service can be effected will reduce the effort and costs involved in issuing subpoenas, say Lawrence Friedman and Sheilah Kane of Cleary Gottlieb Steen & Hamilton LLP.
Increased filing fees, added discovery, use of experts and other trial aspects have led to inter partes review costs equivalent to simple court litigation. However, if a nonpracticing entity is willing to settle for this same amount or less than the cost of a normal inter partes review, which is often the case, a budget inter partes review should be considered, says Paul Haughey of Kilpatrick Townsend & Stockton LLP.
Ongoing antitrust disputes in the sports-licensing context involving the NFL and its teams, and the National Collegiate Athletic Association and its member institutions, could have a profound effect on the business of professional and collegiate sports in 2014 and beyond, says Miriam Vishio of Dickstein Shapiro LLP.
Since the U.S. Supreme Court's decision to review CLS Bank International v. Alice Corp. was announced on Dec. 6, the wires have been flooded with alarmist articles, but fears that software patents could be categorically excluded from patent eligibility by judicial decree are misplaced, says Linda Thayer of Finnegan Henderson Farabow Garrett & Dunner LLP.
Under the new Texas Uniform Trade Secrets Act, there is no reason to expect any less protection for technical and economic information useful in oil and gas exploration and production. A comparison of the factors Texas courts have been using to determine if a trade secret exists and the new statutory definition reveals substantial overlap, say Steve Borgman and David Tobin of Vinson & Elkins LLP.
Had the U.S. International Trade Commission's pilot program been applied in 2007, and had each case through 2011 been subject to early resolution on domestic industry, importation or standing, the agency could have saved a considerable amount of time, effort and money by fully resolving eight cases, saving an average of 286 days per investigation, says Andrew Clarke of ARPC.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
On Dec. 5, the U.S. House of Representatives passed the Innovation Act, which would modify patent law to make it harder for so-called patent trolls to perpetrate litigation abuses. There is parallel legislation in the Senate, but it is more limited and arguably directed to the worst patent-litigation abuses, say Jeffrey Lesovitz and Daniel Goettle of Woodcock Washburn LLP.
While the technology at issue in Commil USA LLC v. Cisco Systems Inc. was not life sciences, the implications of the Federal Circuit's decision, and the trend in the law it reflects, likely will be significant for companies that often rely on method-of-treatment, mechanism-of-action and method-of-manufacturing patents as key value drivers. Such patents may be materially weakened, say Eric Marandett and Diana Huang of Choate Hall & Stewart LLP.
The Patent Trial and Appeal Board's recent ruling in Garmin v. Cuozzo — the first final decision after trial in an inter partes review — provides important guidance for patent practitioners for inter partes review, litigation and prosecution, say Susan Glovsky and Timothy Meagher of Hamilton Brook Smith & Reynolds PC.