Archive for August, 2020

Oral argument of the day: FTC v. Qualcomm

Tuesday, August 11th, 2020

The Ninth Circuit recently issued a significant antitrust decision in FTC v. Qualcomm with respect to how Qualcomm licenses some of its patents. The Ninth Circuit decision is available here: [link]. Because the Ninth Circuit records video of its oral arguments, the video of the oral argument is available below.

Chief Judge Michel of the Federal Circuit (retired) filed this amicus brief in the case: [link].

Oral argument of the week: VELOCITY PATENT LLC v. FCA US LLC

Tuesday, August 4th, 2020

The oral argument of the week is from VELOCITY PATENT LLC v. FCA US LLC, No. 2019-1114 (Fed. Cir. Nov. 13, 2019). This was a very well-argued case that addressed a lot of the court’s means plus function jurisprudence. I think you will enjoy it.

The court issued a Rule 36 Judgment. [Link].

Is there a continuation bubble coming?

Monday, August 3rd, 2020

I tuned-in to the LexisNexis-IPWatchdog-USPTO seminar last week about application routing and was interested to learn that in the future there is a presumption that all continuation applications will be routed to the examiner of the parent application.

It will be interesting to see if there will be a continuation bubble prior to the new routing rules going into effect, similar to what we saw with new applications prior to GATT and the AIA taking effect.