Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- a blog post covering how the U.S. Patent and Trademark Office is challenging the “rationale behind the Supreme Court’s decision in KSR v. Teleflex for certain technologies, specifically by advocating that claims to dosage regimens for pharmaceuticals should be almost per se obvious, particularly for such claims for which the pharmaceutical was itself patent protected”;
- another blog post highlighting how a joint letter from the Intellectual Property Owners Association and American Intellectual Property Law Association to Congress “asks that the USPTO be ‘exempted from executive actions that could further hinder its ability to meet its mission'”;
- a report discussing how the D.C. Circuit recently denied Judge Newman’s “request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying such documents are confidential unless both the judge under investigation and the chief judge agree to release them”; and
- an editorial proposing “ways for the new Acting Director to fix the USPTO fast.”
Kevin E. Noonan drafted a blog post for Patent Docs covering how the U.S. Patent and Trademark Office is challenging the “rationale behind the Supreme Court’s decision in KSR v. Teleflex for certain technologies, specifically by advocating that claims to dosage regimens for pharmaceuticals should be almost per se obvious, particularly for such claims for which the pharmaceutical was itself patent protected.” According to Noonan, “[t]he relevant portion of the KSR decision involved in this effort provides a standard that requires there to be a reasonable expectation of success when prior art is combined.” He says this type of challenge will be decided in Federal Circuit’s upcoming holding in Immunogen v. Vidal.
Dennis Crouch penned a blog post for PatentlyO highlighting how a joint letter from the Intellectual Property Owners Association and American Intellectual Property Law Association to Congress “asks that the USPTO be ‘exempted from executive actions that could further hinder its ability to meet its mission.'” Crouch explained that this letter argued “the Hiring Freeze, the Return to In-Person Work mandate, and the Deferred Resignation Email to Federal Employees could severely restrict the agency’s ability to address its growing workload.'” Crouch pointed out that, “[s]o far, USPTO Acting Director Coke Morgan Stewart has been silent except to indicate that she is fully implementing White House orders and requests.”
Lauren Berg filed a report with Law 360 discussing how the D.C. Circuit recently denied Judge Newman’s “request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying such documents are confidential unless both the judge under investigation and the chief judge agree to release them.” Berg highlighted how the D.C. Circuit ruled in “a brief order that the Judicial Conduct and Disability Act generally does not allow any records to be disclosed by anyone in the proceeding.” While “[t]here is an exception to that rule if both the judge under investigation and the chief judge of the relevant circuit provide written consent to disclose the information,” he explained, Chief Judge Moore “has not granted her consent in this case.”
Allen Hoover wrote an editorial for IP Watchdog proposing “ways for the new Acting Director to fix the USPTO fast.” Hoover discussed how “too many rules and rule proposals have the possibility for catastrophic outcome for the applicant or practitioner.” He recommended five “(almost) instant fixes” to implement.