Last 24 Hours

A Summary of the Constitutional Issues Raised by the Respondent in Oil States

The respondent immediately takes issue with the argument that patents are not public rights, summarily citing MCM Portfolio LLC v. Hewlett-Packard Co., 812 F.3d 1284 (Fed. Cir. 2015), cert. …
By John M. Rogitz
6 hours ago 0

No Actual Controversy for Foreign Manufacturer for DJ, Even if Product is Manufactured in US

The dispute arose from a Mexican patent infringement suit between Stellar and two of Allied’s Mexican distributors. Allied manufactures the products accused of infringement in the …

Claims can be invalidated for reasons first articulated in rebuttal to a Patent Owner’s arguments in an IPR

Idemitsu Kosan Co. v. SFC Co., the Federal Circuit affirmed the Board’s decision to invalidate as obvious certain patent claims directed to a device that emits …

Evo of Tech: Harold Froehlich invents Alvin deep sea submersible while working at General Mills labs

Interestingly enough, the world of deep sea exploration actually owes a great deal of gratitude to a major American cereal company for providing a major advance in …
By Steve Brachmann
13 hours ago 0

Peter McLaughlin Joins Burns & Levinson

Burns & Levinson announced that Peter McLaughlin, a highly respected cybersecurity and data privacy attorney, has joined the firm as a partner in its rapidly expanding Intellectual Property (…
By Press Releases
14 hours ago 0

More Recent Posts

What I Want and Why: An Open Letter to the Next PTO Director

Inasmuch as the new Director can change, or do whatever they want once in the job, and will be subject to political winds, I thought I’d …
By John White
1 day ago 6

A Summary of the Constitutional Issues Raised by the Petitioner in Oil States

In arguing that inter partes review (IPR) violates the U.S. Constitution, the petitioner in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC advances …
By John M. Rogitz
1 day ago 2

San Diego Comic Con succeeds on several motions in trademark infringement case against Salt Lake City Comic Con event organizers

On September 12th, Judge Anthony Battaglia of the Southern District of California entered an order granting motions made by the San Diego Comic Convention in a trademark …
By Steve Brachmann
1 day ago 0

Former Oblon Attorneys Launch Patent Firm Grüneberg and Myers

Dr. Kirsten Grüneberg and Eric Myers are pleased to announce the launch of a new international patent firm, Grüneberg and Myers PLLC. The attorneys both …
By Press Releases
2 days ago 0

Patent Drafting 101: Going a Mile Wide and Deep with Variations in a Patent Application

You absolutely want to file a patent application with a description that is a mile wide — that part is good — but you also need to also drill …
By Gene Quinn
2 days ago 2

PETA, photographer settle copyright ownership of monkey selfie

A complaint was filed in the Northern District of California on behalf of Naruto, at the time a six-year-old crested macaque residing in the Tangkoko Reserve located …
By Steve Brachmann
3 days ago 2

Indian Tribe files Motion to Dismiss RESTASIS Patent Challenge based on Sovereign Immunity

Earlier today the Saint Regis Mohawk Tribe filed a Motion to Dismiss in six separate inter partes review (IPR) proceedings relating to the Allergan drug RESTASIS®. The …
By Gene Quinn
3 days ago 20

Federal Circuit Lacked Jurisdiction Over Claims that Assignment Agreement was Invalid

Inselberg and Interactive filed a motion to dismiss Bisignano and First Data’s declaratory judgment claims and state court counterclaims, and moved to remand the action to …

CAFC says Equitable Estoppel Cannot Compel Arbitration in Waymo v. Uber

Uber Technologies, Inc. and Ottomotto LLC (“Uber”), appealed the district court’s order, denying Uber’s motion to compel arbitration of pending litigation with Waymo, LLC (“Waymo”). …

Intervenor Not Entitled to Mandamus Relief on Discovery Dispute in Waymo v. Uber

Waymo, a Google spin-off, sued Uber and Ottomotto for patent infringement and violations of federal and state trade secret laws. Waymo alleged that its former employee, Mr. …

CAFC upholds validity of Intellectual Ventures patents, reverses infringement findings

The Federal Circuit affirmed a district court decision upholding the validity of two patents belonging to Intellectual Ventures (“IV”), but reversed all findings of infringement regarding one …

Federal Circuit strikes down Gilstrap’s four-factor test for patent venue

After briefly parsing the statutory language of §1400(b) critical to the decision the Federal Circuit concluded that Judge Gilstrap's four-factor test was not compliant with the statutory …
By Gene Quinn
4 days ago 28

A patent without enforcement value has no licensing value

Enforcement of patents through litigation occurs when licensing has failed to result in an arms length negotiated resolution. In other words, patent owners resort to litigation when …
By Gene Quinn
4 days ago 5

DAIRY PRIDE Act would clear up consumer milk confusion between dairy products and plant-based beverages

Both the U.S. House of Representatives and the U.S. Senate are currently contemplating versions of the Defending Against Imitations and Replacements of Yogurt, Milk and …
By Steve Brachmann
4 days ago 2

Trademarked Stork Upheld in Canadian Copyright Case

A recent trademark infringement case between Stork Market Inc v. 1736735 Ontario Inc. (Hello Pink Lawn Cards Inc), 2017 FC 779 has resulted in a win for the plaintiff and …
By Erika Murray
5 days ago 0