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Steve Brachmann

Steve Brachmann is a graduate of the University at Buffalo School of Law, having earned his Juris Doctor in May 2022 and served as the President of the Intellectual Property Law Society during the 2021-22 school year. He currently works as a freelancer on research projects, blogging and media consulting and is accepting offers to work. Steve has written on intellectual property topics since January 2013. Other than IPWatchdog, Steve’s work has also been published by the Center for Intellectual Property Understanding, and he has worked as a ghostwriter on IP topics for several entities. Currently living in Buffalo, NY, Steve also works as a stage actor and pet sitter.

Recent Articles by Steve Brachmann

USPTO Seeks Public Comment on Making Motion to Amend Pilot Program Permanent and PTAB’s Sua Sponte Authority

The U.S. Patent and Trademark Office (USPTO) today published a request for comments (RFC) in the Federal Register seeking public input on the pilot program for motion to amend (MTA) practice before the Patent Trial and Appeal Board (PTAB). The Office is considering whether to make the MTA pilot program permanent for patent validity trials under the America Invents Act (AIA) and seeks input on the PTAB’s authority to raise grounds sua sponte during the MTA process. The deadline for public comments in response to this RFC is currently set for July 24, 2023.

SCOTUS Kills Hope for Eligibility Certainty and Nixes Teva’s ‘Skinny Label’ Appeal

On May 15, the U.S. Supreme Court issued an order list denying petitions for writ of certiorari filed to appeal several patent rulings, including a pair of 35 U.S.C. § 101 subject matter eligibility cases that the U.S. Solicitor General previously urged the nation’s highest court to hear. The Supreme Court also denied Teva Pharmaceuticals’ petition to review its appeal of the Federal Circuit’s “skinny label” induced infringement ruling over its generic version of carvedilol. While the full Court denied certiorari to these cases, the order list notes that Associate Justice Brett Kavanaugh would have granted cert to these three petitions.

Sixth IP Awareness Summit Debunks Stigma Against IP Rights, Urges Efforts to Reach Underserved Innovators

On May 2, Northeastern University hosted the IP awareness and literacy organization The Center for Intellectual Property Understanding (CIPU) for its 6th Intellectual Property Awareness Summit (IPAS), titled Bridges, Not Barricades. The view of Boston’s skyline from the 17th floor conference room on St. Botolph Street served as an appropriate backdrop to a series of expert panels exploring efforts to unleash the next generation of American economic development by accelerating popular understanding of the value of obtaining IP rights.

Avery Dennison Urges SCOTUS Review to Prevent Lowered Section 101 Bar from Inflaming ‘Raging Debate’ on Patent Eligibility

On May 8, digital ID solutions company Avery Dennison filed a reply brief with the U.S. Supreme Court in support of its petition for writ of certiorari to appeal the U.S. Court of Appeals for the Federal Circuit’s decision last December affirming the validity of patent claims owned by ADASA. Of the cert petitions currently before the Supreme Court involving issues of patent subject matter eligibility under 35 U.S.C. § 101, Avery Dennison contends that its appeal provides the most useful vehicle for clarifying Section 101 invalidity in information management and technology, a field where the Federal Circuit’s division on patent eligibility “is especially stark and recurrent.”

Copyright Office Issues NPRM Governing CCB Counterclaims and Related Discovery Requests

On May 3, the U.S. Copyright Office published a notice of proposed rulemaking (NPRM) in the Federal Register amending final rules promulgated for infringement proceedings conducted by the Copyright Claims Board (CCB). The proposed rule changes would impact how respondents in CCB actions can assert counterclaims arising out of previous contractual agreements between parties to the action, as well as document production requests related to those counterclaims.

New SEP Regulatory Framework and AI Copyright Legislation Advance in the European Union

On April 27, a pair of legal measures were advanced within the European Union that promise to greatly impact the state of technological commercialization within Europe for both standardized and artificial intelligence (AI) technologies. While political leaders in the EU maintain that either proposal addresses consumer safety and competition concerns, multiple commentators have pointed out issues that could slow the rate of technological commercialization to the detriment of Europeans across the continent.

Talking Women in IP for World IP Day: Mentorship, Mindsets and Managing Bias

In honor of World IP Day 2023, IPWatchdog yesterday hosted a webinar titled after this year’s theme, “Women and Intellectual Property: Accelerating Innovation and Creativity.” The webinar was sponsored by and focused on the many ways that advocates for the U.S. intellectual property system can actively create an environment for young professionals to begin thinking about how they can approach careers in the field of IP law. Leading the charge was Renee Quinn, Chief Operating Officer of IPWatchdog, who has handled the business side of IPWatchdog, Inc. for the past 16 years. She was joined by Alison Erickson, Assistant General Counsel, Hallmark; Susanne Hollinger, Chief Intellectual Property Counsel, Newell Brands; and Marlene Valderrama, Senior IP Assets Manager and Lead Technology Scout, Halliburton.

CAFC Affirms ITC Enablement Ruling Under ‘Infrequently Applied’ Anderson Test

On April 20, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in v. International Trade Commission affirming the ITC’s determination that fiber optic cable distributor violated 19 U.S.C. § 1337 by importing goods infringing upon patent claims owned by Corning Optical Communications. This relatively short Federal Circuit decision dealt mainly with’s enablement arguments on appeal, which the appellate court nixed after finding that skilled artisans would understand an inherent upper limit to allegedly open-ended claims on fiber optic connection densities.