Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- a blog post suggesting that, “when the PTAB reverses a [35 U.S.C.] § 101 rejection out of Art Unit 3662, it is worth a look to see what went right for the Applicant”;
- an article reporting how “U.S. Patent and Trademark Office data indicates the office mistakenly kept hundreds of thousands of records of patent ownership transfers from becoming public for years”;
- an article observing that Chief Judge “Moore . . . retained a PR firm to publicize a cartoon theme song that she apparently commissioned”; and
- an article indicating a “‘flood’ of lawsuits against Section 122 tariffs . . . is seen as unlikely.”
Michael Borella wrote a blog post for Patent Docs suggesting that, “when the PTAB reverses a [35 U.S.C.] § 101 rejection out of Art Unit 3662, it is worth a look to see what went right for the Applicant.” Borella observes how in a recent case the Patent Trial and Appeal Board found that an “Examiner went wrong on the procedure, and the PTAB declined to paper over it.” According to Borella, the PTAB decided “that an examiner cannot sustain a § 101 rejection by blurring the steps of the Office’s own framework together and asserting conventionality without evidence.”
Ryan Davis authored an article for Law360 reporting how “U.S. Patent and Trademark Office data indicates the office mistakenly kept hundreds of thousands of records of patent ownership transfers from becoming public for years.” Davis highlights how “96 patents had multiple hidden assignments to different new owners.” Davis explains how experts say this error “could cause complications for anyone who relied on the incomplete data.”
Josh Blackman published an article for Reason observing that Chief Judge “Moore . . . retained a PR firm to publicize a cartoon theme song that she apparently commissioned.” According to Blackman, Chief Judge Moore “has given Neal Katyal a run for most cringey YouTube video in recent memory.” Blackman suggests the “video was clearly generated by AI” and hopes for “no more cringey YouTube videos.”
Jackson Lanzer penned an article for International Trade Today indicating a “‘flood’ of lawsuits against Section 122 tariffs . . . is seen as unlikely.” Lanzer suggests “importers [are] more likely to wait” to file “suits against the tariffs until the U.S. Court of Appeals for the Federal Circuit rules on the government’s appeal” of a ruling by the Court of International Trade.