Christopher M. Bruno
Subscribe to Christopher M. Bruno's PostsChristopher M. Bruno focuses his practice on intellectual property litigation matters (i.e., patent, trade secrets, and related contract disputes) in the US Supreme Court, the US International Trade Commission, the US Court of Appeals for the Federal Circuit, as well as various district courts around the country. Read Christopher M. Bruno's full bio.
What Use Does § 271(e)(1) Safe Harbor “Solely” Protect?
By Christopher M. Bruno on Apr 4, 2024
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed that the 35 U.S.C. § 271(e)(1) safe harbor protecting certain infringing acts undertaken for regulatory approval applied to an alleged infringer’s importation of transcatheter heart systems while attending a trade conference, finding the importation reasonably related to submitting information to the US Food & Drug Administration...
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Senate Holds Hearing on Legislative Initiative to Address Patent Eligibility
By Christopher M. Bruno and Kavya Rallabhandi on Feb 1, 2024
Posted In Patents
Seeking to undo the current jurisprudence “mess” on the issue of patent eligibility, the Senate Judiciary Committee’s Subcommittee on Intellectual Property heard testimony on January 23, 2024, on the Patent Eligibility Restoration Act (PERA) (text here). PERA seeks to address the uncertainty and unpredictable outcomes created by the 2014 Supreme Court of the United States...
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PTO Continues to Wave Wands in Assessing Enablement
By Christopher M. Bruno on Jan 18, 2024
Posted In Patents
In light of the 2023 Supreme Court of the United States decision in Amgen Inc. v. Sanofi, the US Patent & Trademark Office (PTO) published guidelines for PTO employees to use, regardless of technology, to ascertain compliance with the enablement requirement under 35 U.S.C. § 112. (89 Fed. Reg. 1563 (Jan. 10, 2024).) Unsurprising to...
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Status Quo Has Few Defenders at PREVAIL Act Senate Subcommittee Hearing
By Christopher M. Bruno and Ian Howard on Nov 16, 2023
Posted In America Invents Act, Patents
On November 8, 2023, the US Senate Judiciary Subcommittee on Intellectual Property heard testimony from four witnesses on the proposed Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act. Although the PREVAIL Act includes several provisions regarding transparency and independence, its thrust is its dramatic alteration of Patent Trial & Appeal Board post-grant review...
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Coons and Tillis Introduce Two Bills Intended to Change Patent Landscape
By Christopher M. Bruno on Jul 13, 2023
Posted In Patents
In late June 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced two bills in Congress that, if enacted, would change the patent adjudication landscape: The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act is the latest iteration of a multiyear effort to reform patent law to address perceived problems with the...
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It’s a Hard Rock Life: Guitar-Shaped Hotel Warrants Trademark, but Hilton Doesn’t
By Christopher M. Bruno on Jun 22, 2023
Posted In Trademarks
In a twin set of precedential opinions, the Trademark Trial & Appeal Board laid the foundation for determining whether building designs can be trademark protected as service marks. In re Palacio Del Rio, Inc., Ser. Nos. 88412764; 88437801 (TTAB May 25, 2023) (Shaw, Goodman, Hudis, ATJs); In re Seminole Tribe of Florida, Ser. No. 87890892...
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Review Delayed Is Not Review Denied
By Christopher M. Bruno on Feb 16, 2023
Posted In America Invents Act, Patents
Considering whether the US Patent & Trademark Office (PTO) Director must complete review of the Patent Trial & Appeal Board’s (Board) inter partes review (IPR) decision within the statutory deadline for a final written decision, the US Court of Appeals for the Federal Circuit concluded that the statute imposes no such requirement. CyWee Group Ltd....
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Bursting the Bubble on Prosecution Delays
By Christopher M. Bruno on Jan 26, 2023
Posted In Patents
Addressing a case where a patent owner filed hundreds of applications as part of a strategy to maintain extraordinarily lengthy patent coverage, the US Court of Appeals for the Federal Circuit affirmed a district court’s determination that the patent owner had engaged in a calculated and unreasonable scheme to delay patent issuance. Personalized Media Comms.,...
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Not “Use It or Lose It”: Even if Unexercised, Director’s Authority over Institution Decisions Remains
By Christopher M. Bruno on Aug 25, 2022
Posted In Patents
The US Court of Appeals for the Federal Circuit denied mandamus relief, finding that a party is not entitled to petition the director for review of a Patent Trial & Appeal Board (Board) decision denying institution of an inter partes review (IPR) or post-grant review (PGR) proceeding. This ruling reflects the Court’s ongoing consideration of...
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Lost and “Found”: Fourth Circuit Interpretation of Discovery in Support of Foreign Litigation Opens Circuit Split
By Christopher M. Bruno on Jun 23, 2022
Posted In Patents
The US Court of Appeals for the Fourth Circuit held that a corporation that is not physically present in a district is not “found” in the district for purposes of the federal statute that authorizes courts to order discovery for use in a foreign tribunal. In re Eli Lilly and Co., Case No. 22-1094 (4th...
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