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Deficiencies of the U.S. patent system in view of the COVID-19 pandemic

November 14, 2022

The COVID-19 pandemic raised the question of whether the U.S. patent system should accomplish more than purely incentivize innovation. As Prof. Mariam Marcowitz-Bitton suggests, there

The Inherent Incongruities of University Patent Enforcement

December 3, 2019

The Bayh-Dole Act of 1980 allows small businesses and non-profit organizations such as universities to retain ownership of inventions made with federal funding and profit

Troll Repellent: The Customer Suit Exception Today

October 29, 2019

Normally, the plaintiff in a patent infringement case gets to choose where to file their lawsuit. However, when a plaintiff sues a customer for using

IPRs and Sovereign Immunity

March 26, 2019
IPRs and Tribal Sovereign Immunity

On July 20, 2018, the Federal Circuit held in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals, Inc. that Native American tribes cannot assert tribal

Return Mail v. USPS: Can the Government Petition for Post-Issuance Reviews?

March 19, 2019

A few weeks ago, on February 19th, 2019, the Supreme Court heard oral arguments in Return Mail, Inc. v. United States Postal Service. 868 F.3d 1350 (Fed.

USPTO Attorney Fees Go Up to The Supreme Court

March 13, 2019

On March 5th, 2019, the Supreme Court granted writ of certiorari in Iancu v. NantKwest Inc. The question for the Court is whether the phrase “[a]ll the

Can A SEP Holder Refuse to License Its SEP to A Willing License-Seeker?

January 22, 2019

Standard-essential patents (“SEPs”) are patents that embody industry-adopted technical standards. While standardization presents many benefits, including interoperability of standardized products and lower manufacturing costs, to

USPTO’s Patent Trial and Appeal Board Moves to Phillips Standard

November 13, 2018


On October 11, 2018 the United States Patent and Trademark Office (USPTO) adopted a final rule that changed the standard of claim construction in the Patent

The Truth About OSS-FRAND: By All Indications, Compatible Models in Standards Settings

October 15, 2018

Editor’s Note: This post was written by guest contributors David J. Kappos and Miling Y. Harrington. Mr. Kappos is a partner at Cravath, Swaine & Moore LLP. Previously,

Has a Federal Circuit Decision Ended the CRIPSR/Cas Patent Battle?

October 8, 2018

On September 10, 2018, the U.S. Court of Appeals for the Federal Circuit’s decision in Regents of the University of California v. Broad Institute, Inc. may