Last 24 Hours

Pablo Escobar’s Brother Wants $1 Billion for Trademark Dispute with Netflix

Narcos, the popular Netflix drama about one of the world’s most notorious drug lords Pablo Escobar, is currently at the center of a trademark dispute that …
By Amanda G. Ciccatelli
14 hours ago 1

Lex Machina Q3 litigation update shows effects of TC Heartland, Oil States on patent case filings

Although patent litigation levels through the first nine months of 2017 have largely remained consistent with patterns from recent years, it does appear that the number of patent …
By Steve Brachmann
16 hours ago 1

Law & Odor: Hasbro Sniffing Out the Opportunities for Trademark Registration

The Trademark Manual of Examining Procedure (TMEP) provides some guidance on what an aroma needs to demonstrate before being registered, asserting that “the amount of evidence required …
By Franco Galbo
18 hours ago 1

More Recent Posts

PTAB Invalidation Affected by Random Errors, Legal Uncertainties and Judicial Bias

The PTAB invalidation procedure violates due process because it drags patent owners into endless assaults by patent infringers and patent thieves. Due process requires compliance with standard …
By Jianqing Wu, Ph.D.
1 day ago 9

PTAB erred finding claims nonobvious in IPR, Federal Circuit reverses without remand

In Owens Corning v. Fast Felt Corp, Fast Felt sued Owens Corning for infringement, and Owens Corning filed a petition with the PTO seeking inter partes review …

Critiques Alone Are Insufficient to Outweigh Expert Experiments and Testimony

In Organik Kimya AS v. Rohm & Haas Co., Organik Kimya AS (“Organik”) appealed the decisions of the Patent Trial and Appeal Board (“Board”) in two related inter …

Unlocking Examiner Rejections: Using Forward Citations Strategically in Prosecution, Litigation and Due Diligence

Knowing when a patent or patent application you or your client owns has been used in a 102 novelty rejection for another application presents obvious strategic benefits. Join …
By Gene Quinn
2 days ago 0

There is no such thing as a provisional patent

Although there is a popular misconception among inventors new to the field of inventing, the United States Patent and Trademark Office is never going to grant a …
By Gene Quinn
3 days ago 1

VirnetX wins nearly $440 million verdict against Apple, including willful infringement damages

On Monday, October 16th, the Internet security company VirnetX (AMEX:VHC) of Zephyr Cove, NV, announced the results of a patent litigation campaign it had pursued against …
By Steve Brachmann
3 days ago 2

Patent-Ineligible Claims Dismissed Based On Intrinsic Evidence

The Federal Circuit heard the case of Secured Mail Solutions LLC v. Universal Wilde, Inc., where the Appellant, Secured Mail Solutions LLC (“Secured Mail”) appealed from the …

Adjusting to patent litigation in the Northern District of California

My sense is that non-practicing entities had long ago eliminated the Northern District as a potential venue for patent cases. But if and when there is an …
By Ravi Ranganath
4 days ago 0

The Trademark Management Process: Getting it Right in Challenging Times

The trademark landscape is evolving rapidly, with both brand owners and trademark professionals trying to keep up. The changes are mostly driven by the steep rise in …
By Eva-Maria Strobel
4 days ago 1

Questions Raised by the Lexmark Decision

Licensing a product instead of selling it may also be a tool for avoiding international patent exhaustion. It is common to distribute software via license, and this …
By Robert Stoll
5 days ago 7

Patent Trial and Appeal Board Procedures for IPR Fail to Satisfy the Fifth Amendment

Due process is an essential condition for a fair proceeding involving a matter in which property rights are in dispute. Unfortunately, there is no interpretation of PTAB …
By Neal Solomon
5 days ago 14

The Most Dangerous Hire: Lessons from Waymo v. Uber

Every trade secret case is built around a story. Sure, the plaintiff’s story is different than the defendant’s, even though each draws on the same …
By James Pooley
5 days ago 3

As many in U.S. remain skeptical of patents, China picks up the slack

"Increasing numbers of US operating companies dislike patent protection," Ding explained to IAM. "[T]he production and manufacture of products are increasingly located in Asia and Asian …

Qualcomm files suit in China seeking to ban iPhone sales by asserting three non-SEPs

A major legal battle over patented technologies in the mobile device communication sector between San Diego, CA-based semiconductor developer Qualcomm Inc. and Cupertino, CA-based consumer tech giant …
By Steve Brachmann
6 days ago 4

Tax Reform to Revive the American Innovation Culture

The U.S. patent promise of exclusivity has become nothing more than lip service with no credibility for more than half a century. A patent system maintained …
By Jianqing Wu, Ph.D.
6 days ago 3