DOJ not wavering in support of SEP holders; USPTO and Fed. Cir. decisions; Nintendo taking aim at mobile game

1) Premium but free summary: DOJ-ATR filed statement in seed patent case without antitrust claim: why it’s not inconsistent with its stance on SEP injunctions, similar issues

It’s counterintuitive that the DOJ’s Antitrust Division filed a Statement of Interest in a seed patent lawsuit where no antitrust defense was raised. But institutionally it makes a whole lot of sense in this case.

2) Premium: USPTO Director dismisses more inter partes reviews under new rules against petitioners taking different positions on validity in court

Director John Squires is continuing to intervene to stop what he and others see as “bad faith” use of IPRs.

3) Premium: Actelion falls foul of disclosure-dedication rule, prosecution estoppel in Federal Circuit challenge to Mylan’s hypertension generic

The Federal Circuit agreed that there was neither literal infringement, nor infringement under the doctrine of equivalents.

4) games fray (free): Taking aim at Palworld Mobile: Nintendo trying to obtain touchscreen-specific patent on monster capturing — and thus far failing

Earlier this year, Nintendo filed another Pokemón-related Japanese patent application, for which it requested an expedited examination. The patent examiner’s first feedback is well-reasoned — and negative.