Julie Burke

The Federal Circuit's Rule 36 practice of issuing summary affirmances without opinion in a significant number of patent cases, like ParkerVision v. TCL, has sparked debate. This practice, backed by multiple amicus briefs, raises concerns about judicial transparency, due process, and statutory compliance. Courts play a vital role in providing written explanations for decisions to ensure accountability, facilitate meaningful appellate review, and establish legal precedent. However, the Rule 36 practice bypasses this crucial aspect, leaving parties and the public uninformed. The implications are profound: - Statutory Violation: ParkerVision contends that 35 U.S.C. § 144 mandates the Federal Circuit to issue opinions in appeals from the USPTO. - Transparency & Precedent: The absence of opinions leaves practitioners and inventors without clear insights into the court's interpretation of patent law, creating ambiguity in a field reliant on precise guidance. - National Security Concerns: Amicus briefs underscore how this lack of transparency could impact U.S. innovation, especially in pivotal technology sectors like wireless communications, where foreign entities might exploit patent vulnerabilities. Beyond individual cases, the Federal Circuit's reliance on Rule 36 hampers Supreme Court scrutiny by concealing the legal rationale behind rulings. This opacity affects inventors, businesses, and policymakers and undermines confidence in a system designed to safeguard innovation and economic progress. #PatentLaw #DueProcess #Rule36 #IP #Innovation #USLaw #TechLawyer

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CNIPA published a draft "Guidelines for Patent Applications for Artificial Intelligence-Related Inventions". The guidelines are not examination standards but policy interpretation documents to help applicants better understand the current patent examination policies. The solicitation of opinions ends on December 13, 2024. Details here: https://lnkd.in/gvRyH96i #AI #aritificialintelligence #patentexamination #patent #china

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What roles can generative AI play in patent drafting and prosecution? 🤔 Join us for another Justia Webinar on December 2nd at 2:00 PM ET/11:00 AM PT to find out! Attorney Bao Tran of PatentPC will discuss practical information on specific AI tools, particularly those related to patent law, and emphasize the importance of understanding and adhering to ethical guidelines when incorporating AI into legal work. Register today: https://j.st/59VN CLE credit is available for lawyers who are Justia Connect Pro members. Please visit the link above for more information about CLE accreditation. #PatentLaw #AI #JustiaWebinars #JustiaForAll

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A HELPFUL TIP FOR PATENT PARALEGALS & ATTORNEYS: Have you ever had problems uploading pdf documents to Patent Center due to "NON-EMBEDDED FONTS" or similar issues? And printing to Adobe Acrobat just won’t fix the problem? Well, here is a VERY simple solution. We simply print the document using this old, cheap and completely reliable system called "CutePDF" https://lnkd.in/d4eSHTfQ. We find it much more reliable than Adobe Professional, and it is very inexpensive (one-time fee of $49.95). In fact, there is even a free version of the pdf writer if that's all you need. Additionally, CutePDF does not use lots of your computer's resources, nor does it continually try to "up-sell" you like Adobe does. Note we are not associated with CutePDF and receive no benefit from them; we simply have used it for years and wanted to share this tip. IPlegalED, Inc has been training patent & trademark paralegals since 2001. All our CLE-approved courses come with UNLIMITED support from PRACTICING attorneys and paralegals. Our certificate programs take between 80 and 140 hours and are totally up-to-date. They are not simply "overview" courses offered by other providers. We give you comprehensive training that teaches you EVERYTHING you need to know in a professional setting. We have discounts for multiple student sign-ups. Learn more at www.iplegaled.com

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🌟 Join us on June 4, 2024, for The Patent Office Comes to California symposium, presented by the IP Law Section. Experience it in-person at the USPTO’s Silicon Valley Regional Office or via live-stream! (register here >> https://lnkd.in/g_FFQQeJ) Hear from the USPTO and thought leaders from UC Law SF, Morrison Foerster, Google, Netflix, Genentech, Finnegan, Takara Bio, Altos Labs, Nutcracker Therapeutics, and Shiga International. Earn 6 hours of MCLE on top-of-mind patent topics including Section 101, Section 112, practicing before the PTAB, the Unitary Patent Package, practicing before the PTAB, and a special keynote address from the USPTO. 💼 Interested in becoming a sponsor? Let's connect! >> https://lnkd.in/giH3jnGR #PatentOffice #IPSymposium #USPTO #SponsorshipOpportunity 🚀 #MCLE #PTAB #USPTO

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🌟 Join us on June 4, 2024, for The Patent Office Comes to California symposium, presented by the IP Law Section. Experience it in-person at the USPTO’s Silicon Valley Regional Office or via live-stream! (register here >> https://lnkd.in/g_FFQQeJ) Hear from the USPTO and thought leaders from UC Law SF, Morrison Foerster, Google, Netflix, Genentech, Finnegan, Takara Bio, Altos Labs, Nutcracker Therapeutics, and Shiga International. Earn 6 hours of MCLE on top-of-mind patent topics including Section 101, Section 112, practicing before the PTAB, the Unitary Patent Package, practicing before the PTAB, and a special keynote address from the USPTO. 💼 Interested in becoming a sponsor? Let's connect! >> https://lnkd.in/giH3jnGR #PatentOffice #IPSymposium #USPTO #SponsorshipOpportunity 🚀 #MCLE #PTAB #USPTO

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🌟 Join us on June 4, 2024, for The Patent Office Comes to California symposium, presented by the IP Law Section. Experience it in-person at the USPTO’s Silicon Valley Regional Office or via live-stream! (register here >> https://lnkd.in/g_FFQQeJ) Hear from the USPTO and thought leaders from UC Law SF, Morrison Foerster, Google, Netflix, Genentech, Finnegan, Takara Bio, Altos Labs, Nutcracker Therapeutics, and Shiga International. Earn 6 hours of MCLE on top-of-mind patent topics including Section 101, Section 112, practicing before the PTAB, the Unitary Patent Package, practicing before the PTAB, and a special keynote address from the USPTO. 💼 Interested in becoming a sponsor? Let's connect! >> https://lnkd.in/giH3jnGR #PatentOffice #IPSymposium #USPTO #SponsorshipOpportunity 🚀 #MCLE #PTAB #USPTO

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Read this article written by @Odumewu Treasure Moyinoluwa on the topic "Intellectual property physical enforcement option" using the link... https://lnkd.in/gS-JEVSg Treasure is an alumnus of the JIIPCC Mentorship and Internship Programme. The JIIPCC Mentorship and Internship Programme is a quarterly initiative designed to mentor African students and young professionals across various fields. Since our inception, we have successfully mentored over 800 mentees from countries including Nigeria, Kenya, Namibia, Egypt, South Africa, Zambia, The Gambia, and Ethiopia, thanks to our partnerships with seasoned practitioners. Fields of Mentorship Intellectual Property Entertainment Business & Law FinTech Industry Data Protection & Privacy Blockchain, NFT, and Metaverse The Energy Industry Artificial Intelligence & Technology Patent Drafting Alternative Dispute Resolution Register for the next cohort using the link https://lnkd.in/dr-G5Xz Why Register? Expertise Development: Gain in-depth knowledge and become an expert in your chosen field. Networking: Connect with fellow mentees across Africa and build a valuable professional network. Veteran Mentorship: Learn directly from experienced and veteran mentors. One-on-One Sessions: Benefit from personalized mentoring sessions. Recommendations: Obtain recommendation letters for job applications and study abroad opportunities. Exclusive Access: Enjoy direct access to the founder, JIIPCC Team and other top mentors. Certification: Receive a certificate upon successful completion of the programme. #intellectualproperty #intellectualpropertyenforcement

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The USPTO has disclosed a software error affecting Patent Term Adjustment (PTA) calculations for patents issued between March 19, 2024, and July 30, 2024. You should check your patents to ensure that the proper PTA was awarded. Read more on Patently-O: https://lnkd.in/gbgcBX38 Key points: * USPTO estimates about 1% of patents issued during this period have a miscalculation. * USPTO will not automatically correct the PTA * Request for reconsideration must be filed within 7 months of patent issuance (For some impacted patents, that deadline is 3-weeks away). * USPTO is offering a fee waiver. This would normally be expensive to file both the request for reconsideration ($210) and 5-month extension of time ($3,160).

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Celanese has received an extension to file its cert petition (due Dec 10) challenging the Federal Circuit's interpretation of the AIA on-sale bar. The key question: whether sales of products made using a secret process bar later patent protection for that process. The cert petition will challenge the Federal Circuit's reliance on pre-AIA precedent (D.L. Auld) rather than the statute's plain text requiring "the claimed invention" be "on sale." The case presents an opportunity to resolve tensions with international patent harmonization, as most major patent systems don't invalidate process patents based on pre-filing sales of products made using those processes. https://lnkd.in/gxDvUT3b SCOTUS's grant/deny decision likely coming spring 2025. Morrison & Foerster's Deanne Maynard is counsel of record. #PatentLaw #SCOTUS #Patents

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Intellectual property rights (#IPR) can be an intimidating space for young and new creators. As an experienced IPR professional, Nancy Wang, Director of Product & Engineering and General Manager has a few suggestions to navigate this. #WorldIntellectualPropertyDay #Copyright #Patent

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The Federal Circuit has issued an important decision interpreting the scope of the on-sale bar under the AIA in Celanese v. ITC (Fed. Cir. August 12, 2024). Here, the claimed invention - a process of manufacturing an artificial sweetener - was kept secret prior to filing, but the patentee had sold some of the resulting Ace-K product. The court affirmed that the on-sale bar continues to block patenting of an otherwise secret process when the patentee makes pre-filing sales of products made using that process. Even though the statute appears limited to sales of the "claimed invention." This decision maintains the precedent established in D.L. Auld (Fed. Cir. 1983) under the new AIA framework. In deciding the case, the court did not consider the role of international harmonization, despite this being a stated goal of the AIA legislation. This oversight is notable given that patent laws in many other countries generally do not bar patents on secret processes commercialized through product sales -- thus maintaining a divergence between U.S. patent law and international norms. Notable attorneys in the case: • Deanne E. Maynard (Morrison Foerster) for Celanese • Nicole Saharsky (Mayer Brown) for the intervenor • Brian Pandya (Duane Morris LLP) for National Association of Manufacturers - NAM as amicus Read more on Patently-O: https://lnkd.in/gQ4u6-SM

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