News

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article expressing the view that the way to “really improve the U.S. patent system” is to “support USPTO employees”; and
  • an article discussing an effort “not to scale back the U.S. International Trade Commission’s patent jurisdiction” despite a recent decision of the Supreme Court.

Russel Slifer wrote an article for IPWatchdog expressing the view that the way to “really improve the U.S. patent system” is to “support USPTO employees.” The article begins by explaining that policies advocated by critics of the patent system would “significantly increase the cost and complexity of obtaining patents” but “not address the perceived deficiencies in the patent system.” Rather, the author believes, “[i]mproving the operations of the USPTO . . . is the best opportunity to improve the patent system.” According to Slifer, “[g]iven the right support, tools, and leadership, the [USPTO] can attract the best talent to carefully examine and issue the world’s best patents and trademarks.”

Michael Shapiro wrote an article for Bloomberg Law reporting on a recent efforts of Sonos Inc. to persuade the Federal Circuit “not to scale back the U.S. International Trade Commission’s patent jurisdiction” despite a recent decision of the Supreme Court. The article recaps how the Supreme Court overruled the Chevron doctrine, “under which courts deferred to agencies to define the breadth of their own legal authority in cases where Congress left things unclear.” Shapiro then explains how Sonos argues that the Supreme Court’s decision “doesn’t give the U.S. Court of Appeals for the Federal Circuit carte blanche to wipe out any and all prior rulings relying on Chevron.