Split CAFC Says Disputed Aspects of Testimony by Doctor’s Experts are for Jury to Parse

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision on Tuesday, January 20, concluding that a district court abused its discretion in granting motions to exclude two of Dr. Mark A. Barry’s experts and granting judgment as a matter of law (JMOL) to DePuy Synthes Companies. The panel included Judges Stark, Taranto and Prost and Judge Stark dissented. Barry’s U.S. Patent Nos. 7,670,358; 8,361,121; and 9,668,787 cover “surgical techniques and tools for treating spinal deformities, such as scoliosis, that cause vertebrae, which are the small bones forming the backbone, to twist out of alignment,” according to the opinion.

Why PTAB Reform Alone Won’t Save the U.S. Patent System | IPWatchdog Unleashed

In the latest episode of IPWatchdog Unleashed, I sat down with my good friends Brad Close, who is the Executive Vice President of Transpacific IP, and Jim Carmichael, a former judge on the Board of Patent Appeals and Interferences and founder of Carmichael IP. Brad, Jim and I engaged in a candid conversation that provides our unvarnished assessment of the Patent Trial and Appeal Board (PTAB), where it started historically, where it is today, and where it may finally be headed. Bottom line: the PTAB is no longer the automatic execution squad it once was, but durable patent rights will require reform well beyond the agency level.

Squires Designates as Informative Director Review Decision on RPIs

U.S. Patent and Trademark Office (USPTO) Director John Squires on January 15 issued a Director Review decision, which he then designated as informative on January 16, in favor of Micron Technologies, vacating two Patent Trial and Appeal Board (PTAB) decisions granting institution of inter partes review (IPR) for Yangtze Memory Technologies. The decision addressed the issue of real party in interest (RPI), which Squires said Micron had sufficiently disputed, while Yangtze failed to rebut the evidence presented and show that it had named all RPIs.

Supreme Court to Review CAFC’s Induced Infringement Ruling in Hikma v. Amarin

On Friday, the U.S. Supreme Court granted certiorari to a petition filed by patent owner Hikma Pharmaceuticals, taking up Hikma’s appeal of the U.S. Court of Appeals for the Federal Circuit’s ruling from June 2024 finding that Amarin Pharma plausibly alleged patent infringement against Hikma’s generic omega-3 fatty acid product. The decision indicates that the nation’s highest court may be willing to overturn the Federal Circuit’s finding that Hikma’s U.S. Food & Drug Administration (FDA) -approved skinny label induced infringement in light of Hikma’s public statements about its generic product.

Other Barks & Bites for Friday, January 16: U.S.-Taiwan $250B Chip and Tariff Deal Announced; South Korean Creators Slam Korea AI Action Plan; and CJEU Says Private Copying Levies Don’t Violate Copyright Directive

This week in Other Barks & Bites: The Sixth Circuit affirms a dismissal of a declaratory judgment suit after finding no federal question of law raised by the suit’s copyright allegations; the EU’s highest court says that EU member states can pass rules implementing a private copying levy against manufacturers of computer hard drive storage; the governments of the United States and Taiwan announce a relaxation of some reciprocal tariffs in response for a $250 billion investment in American chip capacity; creators and copyright owners in South Korea raise concerns over the opt-out framework proposed by South Korean lawmakers in that nation’s AI Action Plan; the Fifth Circuit finds no territoriality issue with the global grant of copyright declared for the 1966 single “Double Shot (Of My Baby’s Love)”; and the USPTO announces a program to offer accelerated examination certificates to companies engaging in technological standards development.

Conservatives Urge Trump Admin to Voice Support for USPTO’s Proposed PTAB Rule

A group of conservative leaders on Wednesday sent a letter to the Director of the National Economic Council, Kevin Hassett, and Chief of Staff to President Trump, Susie Wiles, strongly supporting the U.S. Patent and Trademark Office’s (USPTO’s) Notice of Proposed Rulemaking (NPRM) issued in October, titled “Revision to Rules of Practice before the Patent Trial and Appeal Board.” The NPRM modifies the rules of practice for inter partes reviews (IPRs) before the Patent Trial and Appeal Board (PTAB), with the stated goal being “to focus inter partes review proceedings on patent claims that have not previously been challenged in litigation or where prior litigation was resolved at an early stage.” The deadline for comments was December 2 and the Office has received 11,442 total submissions.

To Boost American Innovation, Allow Under 18 Inventors to File Patents for Free

There are lots of familiar recommendations to make U.S. businesses more competitive globally. All are valid, but none are particularly creative or original. One solution that hasn’t been pursued is not only simple, a variation of it has been implemented by America’s largest and most aggressive economic competitor: remove the filing fees for inventors and intellectual property (IP)creators under 18.

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