Posts Tagged: "patents"

“Royalty-free” is an appealing notion, especially when applied to the licensing of a patent essential to a standard. This standard is even more compelling to an implementer when every participant in the relevant standards body or proprietary consortia, including preeminent technology companies, has pledged it will grant its essential patents on a royalty free (RF) basis…. But is it the case that “royalty-free” applied to standard-essential patents (SEPs) is FRAND (fair, reasonable and nondiscriminatory), but better? Today’s U.S. Department of Justice (DOJ) doesn’t think so.

On Friday, October 10, we hosted an impromptu webinar with the intention of using that conversation as our next podcast. While this is not always feasible, because we do often have PowerPoint slides when we host webinars, this webinar was simply a conversation about a very important recent decision of the Unified Patent Court (UPC) without any slides. The case we discuss is Philips v. Belkin, where after the conclusion of all appeals, the UPC issued the first ever final permanent injunction in a case involving standard essential patents (SEPs). So, our conversation this week is about the impact and ramifications of the UPC’s final decision in Philips v. Belkin. We discussed the UPC’s final decision and permanent injunction in Philips v. Belkin with an in-house attorney from Philips and the litigation team at Bardehle Pagenberg in Germany that represented Philips in this important win. By originally having this conversation as a webinar with a live audience, I was able to incorporate questions from the audience, which you’ll hear periodically throughout the podcast.

This week on IPWatchdog Unleashed, I speak with Dana Colarulli, who is a partner at ACG Advocacy—one of the premiere intellectual property lobby firms in Washington, DC. During our conversation we delve into the intricate world of patent policy and politics, discussing laws, the dynamic environment at the USPTO. Dana shares his extensive experience and insights on high-growth technology businesses. We address critical topics such as the recent shake-ups at the USPTO, the controversial “patent tax” proposal, how despite the fact that the USPTO is user-fee funded it is being swept up in broader Trump Administration efforts to downsize the federal government, what the word “innovation” really means, how businesses use intellectual property assets, the importance of predictable IP assets, the challenges of effective patent valuation, international collaboration and education to support small and medium size enterprises (SMEs), and much more.

The U.S. Patent and Trademark Office (USPTO) will launch an AI search pilot program for utility patents and will begin accepting petitions to participate in the program as of October 20, according to a draft Federal Register Notice (FRN) published today. The official notice will be published tomorrow, October 8. Petitions will be accepted through April 20, 2026, or the date that each tech center (TC) is docketed at least 200 applications accepted, whichever comes first.

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday issued a decision in Rasmussen Instruments, LLC v. DePuy Synthes Products, Inc., vacating a United States District Court for the District of Massachusetts judgment and remanding with instructions to dismiss for lack of subject matter jurisdiction. The court held that Rasmussen Instruments lacked standing to bring the patent infringement lawsuit because it did not own the asserted patents at the time the suit was filed.

This week on IPWatchdog Unleashed, we welcome Marlene Valderrama, who is Principal Intellectual Property Manager & Technology Scout for Halliburton. During our conversation, Marlene shares insights from her role as an innovation scout, the challenges of encouraging innovators inside Halliburton to recognize the importance and magnitude of their novel contributions, and the exciting advancements in drilling technology facilitated by AI. The conversation delves into best practices for AI implementation and the importance of continuous training for IP and innovation management. Additionally, Marlene opens up about her personal journey, her unexpected career path from drilling engineer to IP advocate, her passion for giving back through long-distance biking to raise money for multiple sclerosis research, and much more.

When functioning properly, intellectual property (IP) rights enable ideas to become legally recognized assets, which can then be collateralized or licensed to attract financing, thereby fueling investment, job creation and economic expansion. During the 2025 IPWatchdog Women’s IP Forum, I had the privilege of joining a distinguished panel to explore in depth how IP functions as an engine of economic growth in the United States and globally. My remarks focused on the central role of predictable IP rights in transforming innovation into economic output.

Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a ruling in Rideshare Displays, Inc. v. Squires affirming decisions by the Patent Trial and Appeal Board (PTAB) that Rideshare’s patent claims to systems and methods of vehicle identification were obvious over prior art. The Federal Circuit’s decision also reversed the PTAB’s partial grant of Rideshare’s motions to amend, finding the substitute claims’ subject matter did not provide a technological solution rendering the claims patent-eligible at Step Two of the Alice/Mayo patent eligibility framework.

If you look closely enough, you’ll find patent numbers on most of the physical products around you. Much like their copyright and trademark cousins, these designations are far from cosmetic. Instead, they serve a statutory requirement to provide public notice about your protected intellectual property. In the case of patent marking, not only does it reduce the risk of infringement because you are informing potential infringers of the patent’s existence, but the notice also marks the point in time to which you can go back for collecting on awarded damages.

John Squires was officially sworn in as the 60th U.S. Patent and Trademark Office (USPTO) Director on Tuesday, September 23, and today issued the first patents of his term, both in technology sectors that often face increased scrutiny about patent eligibility during patent prosecution and in the courts. The two issued patents were directed to distributed ledger/crypto and medical diagnostics technologies.

In a spirited discussion at our annual Women’s IP Forum, attendees were treated to an insightful fireside-style chat conversation with the Honorable Judge Pauline Newman, a trailblazer for women in law and a luminary in the field of intellectual property. Judge Newman spoke with Renee C. Quinn, Chief Operating Officer of IPWatchdog, Inc. Her career has been marked by a commitment to innovation and the advancement of strong intellectual property rights, shaping the very foundation of modern patent law. But did you know that Judge Newman was until a few years ago an active and licensed pilot? Did you know that she tutored singer/ songwriter legend Joan Baez in chemistry when Baez was in high school? While so much of Judge Newman’s life has been well documented, there are so many layers to her extraordinary life.

In the final keynote address of IPWatchdog’s three-day 2025 Women’s IP Forum, the Honorable Kathleen O’Malley, former Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, offered insights into her distinguished career, the evolving patent law, and critical advice for emerging intellectual property attorneys.

Last week, a petition for writ of certiorari filed by patent owner Lynk Labs was docketed at the U.S. Supreme Court. Lynk Labs is challenging rulings at the U.S. Patent and Trademark Office (USPTO) and the U.S. Court of Appeals for the Federal Circuit (CAFC) regarding the scope of invalidating prior art that can be asserted in inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB). Lynk Labs argues that the patent application supplying part of the PTAB’s obviousness determination was improperly treated as a printed publication despite remaining unpublished until after the critical date of Lynk Labs’ challenged patent claims.

This week on IPWatchdog Unleashed, I had the pleasure of speaking with Daren Tang, Director General of the World Intellectual Property Organization (WIPO). Our conversation spanned a range of topics, from the future of intellectual property (IP), to how intellectual property has been a force for helping humanity, to WIPO’s strategic initiatives and the burgeoning impact of artificial intelligence (AI). A central theme of our conversation was Tang’s fervent advocacy for intellectual property as a catalyst for global innovation and betterment of the human condition.

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed a district court’s summary judgment of non-infringement  in NG LLC v. CreatedHair Designs, LLC, which centers on the proper construction of a key claim term and the application of prosecution history estoppel. U.S. Patent No. 10,945,477 and U.S. Patent No. 10,881,159 are owned by NG and concern a wig grip apparatus comprising a mesh element. Claim 1 specifies that “‘the mesh element includes a forward periphery’ and ‘the wig grip apparatus terminates at the forward periphery.”