Anti-Pharma Patent Bills Advance During Senate HELP Committee Hearing

The Senate Health, Education, Labor & Pensions (HELP) Committee held a hearing today during which they debated and ultimately advanced two bills targeting brand pharmaceutical companies. Committee Chairman Bill Cassidy (R-LA) led the hearing, urging fellow Republicans not to be fooled by what he called the “hostage taking theatrics” of Senator Bernie Sanders (D-VT). Sanders, the Committee’s Ranking Member, introduced nine amendments to the “Ensuring Timely Access to Generics Act,” which was ultimately not voted on.

CAFC Affirms Denial of Preliminary Injunction for Boston Scientific in Spinal Ablation Patent Dispute Against Stryker

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision today in Boston Scientific Corp. v. Stryker Corporation, affirming the U.S. District Court for the District of New Jersey’s denial of a preliminary injunction that Boston Scientific Corp. and Relievant Medsystems, Inc. sought to block Stryker Corporation’s launch of its OptaBlate BVN spinal ablation device. The dispute centered on whether Stryker’s product induced infringement of claims 16 and 21 of the U.S. Patent No. 12,303,166.

Why the USPTO Should Introduce an Automatic Allowance Option

For capital-hungry small businesses and startups, the difference between a pending patent application and an enforceable, issued patent is often the difference between thriving and stalling. Yet the current path to receiving a Notice of Allowance—the final signal of approval from the U.S. Patent & Trademark Office (USPTO)—remains slow and expensive. Both of these critical problems can be solved by the USPTO right now through a simple but powerful new tool: an Automatic Allowance Option.

America’s Broken Patent System Must Return to First Principles | IPWatchdog Unleashed

The United States patent system is not failing because Americans have stopped inventing. It is failing because the legal and institutional architecture built to protect invention no longer operates as a coherent innovation framework. Over time, the system has become a patchwork of overlapping tribunals, inconsistent legal standards, procedural inefficiencies, and doctrinal barriers that make it harder to obtain, defend, enforce, license, and rely upon even high-quality patent rights covering innovations of extraordinary consequence. Now in the coming months we will move forward with a candid, serious, historically grounded, and focused conversation on building—not merely patching—the next American patent system.

Congress Must Not Rewrite Patent Rules Without Evidence

Tomorrow, June 17, the Senate HELP Committee will vote on a raft of bills aimed at making medical care more affordable. That’s a worthy goal. But in the case of the Medication Affordability and Patent Integrity Act, lawmakers are setting themselves—and patients and the rest of us—up for failure. The legislation seeks to prevent drug companies from gaming the patent system by holding these firms to new disclosure and certification requirements. How the bill is supposed to save patients money is far from obvious. What is more, there are already laws against the kind of abuse the legislation targets. And there is little to suggest those rules aren’t working.

When Does a Parody Become a Trademark Problem? Lessons from the Patagonia-Pattie Gonia Dispute

The ongoing trademark dispute between outdoor apparel company Patagonia and environmental activist and drag performer Pattie Gonia has generated considerable public attention. To many observers, the case appears to be a clash between a large corporation and an individual activist who shares many of the company’s environmental values. But viewed through the lens of trademark law, the dispute raises a far more nuanced question.

High Court Denies Judge Newman’s Case Against CAFC Chief Judge

Less than two weeks after Judge Pauline Newman filed her reply brief with the U.S. Supreme Court in response to the May 12 opposition brief filed by U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Kimberly Moore, the Court has today denied Newman’s petition for certiorari. Newman filed her Supreme Court petition in March of this year.

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