Could we be on the verge of a future where U.S. patents are regularly litigated in European courts? It seems to be a wild question, but it is precisely the issue before courts in Munich, Germany and the U.S. District Court for the Western District of Texas. Following a decision by the Court of Justice for the European Union (CJEU) granting national courts in Europe the ability to hear cases involving other countries' patents, [...]

The doctrine of obviousness-type double patenting ("OTDP") is one of the most complicated aspects of U.S. patent law. Recent Federal Circuit decisions have addressed specific OTDP issues, but tension between competing objectives of this judge-made doctrine leave many open questions. Current USPTO leadership has not proposed new rules that would change how the Examining Corps applies the doctrine, but ex parte decisions by the USPTO Patent Trial and Appeal Board (PTAB) seem to reflect a willingness to hold examiners to [...]

If you work anywhere near patent eligibility, the rhythm is familiar. Another year, another reform drumbeat. Draft language circulates on the Hill. Industry groups publish letters. Academics and the familiar faces hit the refrain. Pundits predict either an innovation renaissance or a patent apocalypse – or, if you consider me a pundit, a prediction that nothing will change. Day to day, though, Section 101 still looks a lot like it has since Alice. Courts ask [...]