Scott Feldmann

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For a Few Facts More

By Scott Feldmann on March 16, 2021 Posted in Patents

After TC Heartland tightened up patent venue, Judge Albright’s local patent rules drew plaintiffs wanting a quick courtroom shootout. According to Lex Machina and IP Law360, Judge Albright, by himself, picked up 793 patent litigations last year in the Western District of Texas (WDTex). In just a year, Judge Albright accumulated 20 percent of newly-filed … Continue Reading

Supremes Won’t Review the Morality of Whitewashing Graffiti Art

By Scott Feldmann on October 21, 2020 Posted in Art Law

Too bad that on Oct. 5 the Supremes passed on applying a due process determination to define the “recognized stature” of art. The Visual Artists Rights Act of 1990 (“VARA”) gave visual artists limited “moral rights” in their creations. The primary right is one of “integrity,” or preventing the alteration or destruction of a copyrighted … Continue Reading

Federal Circuit Holds Lack of Efficacy Data Defeats ‘Substantial Evidence’ Showing of a Reasonable Expectation of Success Needed To Support PTAB’S Finding of Obviousness

By Scott Feldmann on October 7, 2019 Posted in Patent

In a precedential opinion, the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) finding of obviousness invalidating a patent’s method claims for administering a drug for treating non-small cell lung (NSCLC) cancer.[1] The PTAB found that it would have been obvious to combine pharmaceutical references. The Federal Circuit, however, noted that the “asserted … Continue Reading