Verlander LLP

Question of the Week: Should a typo in one of the patent numbers identified in a terminal disclaimer result in unenforceability of the patent being disclaimed?

cases.justia.com

Question of the Week: In its “Trump Too Small” opinion, the Supreme Court opined that the proposed trademark was viewpoint-neutral and relied upon that to find that it did not unconstitutionally violate free speech. Do you agree that “Trump Too Small” is viewpoint-neutral?

www.supremecourt.gov

Question of the Week: Since the Supreme Court is not likely to take up the question of when the Federal Circuit should issue Rule 36 affirmances, will anything prevent the Federal Circuit from relying so heavily on them?

www.supremecourt.gov

Question of the Week: As the scope of design patents is significantly more narrow than utility patents, does it make sense to use the same obviousness test for both?

cafc.uscourts.gov

Patent litigation is too expensive for small and medium sized companies. Thanks for sharing some of our strategies for significantly reducing your litigation costs.

Reducing Patent Litigation Costs Starts With Early Strategy - Verlander LLP LAW360 By Jeffrey Ahdoot and Wendy Verlander (May 21, 2024) Patent litigation can be expensive. Very expensive. With the average cost to defend a patent lawsuit ranging from $1 million to $4 million, defending a patent case can create a serious strain on resources, particularly for midsize or smalle...

Question of the Week: Should providing an expert declaration with your complaint that a patent is not directed to an abstract idea prevent a finding of patent ineligibility at the pleading stage?

insight.rpxcorp.com

Question of the Week: Does the PTO’s proposed terminal disclaimer rule make sense, requiring that the disclaimed patent would be unenforceable if it has ever been tied to a patent in which a single claim has been canceled or found invalid based on prior art?

public-inspection.federalregister.gov

Question of the Week: Should participating in the Amazon take-down program, in which a patentee can assert that a product sold by another company on Amazon infringes its patents, subject that patentee to personal jurisdiction in the seller’s state?

cafc.uscourts.gov

Question of the Week: Does the FTC’s new rule banning non-compete agreements help promote innovation?

Happy World IP Day! Thanks for including our thoughts on the importance of promoting innovation to solve the world's challenging sustainability problems.

Celebrating World IP Day: Is the Innovative Future Sustainable? The World Intellectual Property Organization (WIPO) established World IP Day 19 years ago to celebrate the day on which the WIPO Convention entered into force: April 26, 1970. And this year, WIPO has set as the theme for World IP Day 2024, “IP and the SDGs: Building our common future with innovati...

Question of the Week: Would the proposed amendment to the venue statute that allows broader options for patent venue result in an increase of patent cases being filed in more diverse jurisdictions?

Congressional Record Formatting necessary for an accurate reading of this text may be shown by tags (e.g., or ) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.

Question of the Week: Should obviousness be decided based on a “reasonable expectation of success” standard as the Federal Circuit has repeatedly held or on a “predictable results” standard as Vanda Pharmaceuticals has argued in a petition to the Supreme Court?

www.supremecourt.gov

Question of the Week: Does the NDCA decision that the PTO has the right to discretionarily deny IPR petitions based on the Fintiv factors end the big tech challenge to Fintiv once and for all?

fingfx.thomsonreuters.com

Thanks for including our thoughts about the continuing saga of the VLSI/PQA matter!

VLSI’s "aggressive" legal strategy against PTAB malfeasance may not work USPTO Director Vidal did not sanction Patent Quality Assurance and now VLSI’s civil fraud suit seeks $3.2 million in legal fees. But is there any chance of success?

Question of the Week: Should it matter whether the infringing products of multiple defendants are different when deciding whether to discretionarily deny institution of multiple IPRs concerning the same patents?

ptacts.uspto.gov

Question of the Week: Should it matter when deciding whether to enjoin an infringer if a patentee has previously granted another party an exclusive license as opposed to a nonexclusive license?

cafc.uscourts.gov

Question of the Week: Will the Judicial Conference’s new policy to use a district-wide random selection process for the assignment of judges help or hurt the ultimate outcome of patent cases?

Question of the Week: Does it make sense that a document distributed to ten people and having confidentiality restrictions should be considered prior art?

cafc.uscourts.gov

Happy International Women’s Day! To all the women who are trying to make the world a better place through efforts big and small, don’t give up. We have come so far, but we have much farther to go. Believe in yourself. We can do this!

Question of the Week: Does the new PTO guidance on examining obviousness provide more or less clarity than what was in place before?

Question of the Week: Given the lack of an explicit limitation on damages in the copyright statute of limitations as compared with the patent statute (“limitation on actions” vs. “limitation on damages”), would it make sense for the supreme court to assume one?

Question of the Week: Based on the PTO’s guidance of using principles of joint inventorship to analyze inventions partially invented by AI, it is possible for AI to have conceived of the majority of the invention while human inventors conceived of a minority. Should those legal principles of inventorship apply when AI cannot legally be considered an inventor?

Thanks for including our thoughts in this insightful article about OpenSky's sanctions for its abusive behavior at the PTAB.

OpenSky sanctions reignite debate over PTAB reform Attorneys say Intel reaping the benefits, while VLSI is left to pick up the pieces, sends mixed message about integrity of IPR process

Question of the Week: In view of the decision to maintain Judge Newman’s suspension, can parties to a litigation challenge a judge’s mental competency?

Question of the Week: Should an IPR final written decision have issue preclusive effect on a parallel district court proceeding before it has exhausted possible appeals?

www.supremecourt.gov

Question of the Week: In view of the arguments presented to Congress about PERA last week, do you agree with some stakeholders that PERA stifles innovation or with others that PERA is essential to promoting innovation?

Question of the Week: If the Supreme Court overrules Chevron, how would that impact PTO rulemaking?

Question of the Week: Now that the Supreme Court has denied cert in yet another patent eligibility case, does that make the need for passage of the PERA Act even more critical?

www.supremecourt.gov

Question of the Week: Should copying portions of a legal brief give rise to a copyright claim?

storage.courtlistener.com

Here are our New Year wishes for the patent system as posted on ! https://ipwatchdog.com/2024/01/01/think-big-tell-us-wildest-new-year-dreams-ip/id=171232/

“Regardless of what side you find yourself on, I think we can all agree that the patent system has become very one-sided and that is not good for innovation in this country. For that reason, in my wildest dreams, PERA and PREVAIL will be enacted, along with a bill undoing the eBay requirements for an injunction. That trifecta would return the system to one that more appropriately values patents and provides the necessary incentives to promote innovation and investment.

Court-made exceptions to patent eligibility have significantly eroded the patentability of software and diagnostic inventions. IPRs, with their lower burden of proof and greater availability, have invalidated patents at a much greater rate than at district court and, unlike their stated purpose, have complicated – not simplified – determinations of patent validity. And, injunctions have been mostly nonexistent since eBay, even though patent owners are statutorily granted “the right to exclude others” from their inventions. That doesn’t exist without the right to an injunction.

The patent system needs to restore balance and, with that, the value of patents. In my wildest dreams, that happens in 2024!”

Think Big: Tell Us Your Wildest New Year Dreams for IP On day one of the new year, we continue the IPWatchdog tradition of asking readers what they would like to see happen if their every IP wish could come true.