Last 24 Hours

ITC opens 337 investigation for potential patent infringement by Apple screen sharing technology

The U.S. International Trade Commission (ITC) announced that it was investigating potential patent infringement committed by Cupertino, CA-based consumer tech giant Apple Inc. (NASDAQ:AAPL)... Aqua …
By Steve Brachmann
37 minutes ago 0

Federal Circuit Finds TC Heartland Changed Controlling Law, Can Be Applied Retroactively

Arguing against Micron’s motion to dismiss, Harvard contended that TC Heartland only affirmed a previous precedent set by SCOTUS and that the improper venue challenge was …
By Steve Brachmann
18 hours ago 0

USPTO Increases IPR Filing Fees by $6,500 in Final Rule on Fee Adjustments

The USPTO issued a final rule to set or adjust certain patent fees as the agency is authorized to do under the America Invents Act (AIA) of 2011. …
By Steve Brachmann
22 hours ago 3

More Recent Posts

When Universities Patent Their Research

A few months ago, a judge ordered Apple to pay the University of Wisconsin $506 million for infringing one of its tech patents. Last year, Carnegie-Mellon University won $750 …
By Adam Hayes
1 day ago 1

The 7 Deadly Sins: A Roadmap to Business Success

The 7 deadly sins are lust, envy, gluttony, sloth, greed, anger and pride. In business, these deadly sins are not particularly a negative, at least when moderated or …
By Gene Quinn
2 days ago 4

Selecting the Right Trademark for Your Business

From a legal standpoint, a trademark that has no relation to the product or services offered will be the strongest type of mark. For example, trademarks such …
By Gene Quinn
3 days ago 1

Proving A Patent Invalid: The Burden is on the Challenger

When an individual or company challenges the validity of a patent, “the burden of establishing invalidity of a patent or any claim thereof shall rest on the …
By Daniel Vojcak
3 days ago 1

Specific Intent to Induce Patent Infringement Inferred from Pharmaceutical Label

The Federal Circuit heard the case of Sanofi v. Watson Labs.. Sanofi is the owner of two patents claiming compositions and uses of the cardiovascular drug dronedarone. …

Beware Waiver: Recovery Not Permitted on Damages Theories Not Presented/Preserved at Trial

In Promega Corporation v. Life Technologies Corporation, on remand from the Supreme Court, the Federal Circuit affirmed district court rulings that granted Life Technologies’ motion for judgment …

Hakuna Matada Isn’t a Strategy for Paradigm Shifting Innovation

Wouldn’t it be a great world if people innovated for the sake of innovating, spending every waking moment in the pursuit of solutions and inventions that …
By Gene Quinn
5 days ago 20

Three rounds of IPR petitions invalidates VirnetX patent after Apple gets around statute of limitations

Luckily for Apple and Microsoft, however, VirnetX did not assert the ‘135 patent against Mangrove Partners, a hedge fund, which filed a petition for IPR against the ‘135 patent …
By Steve Brachmann
5 days ago 3

Government and 3D Printing: A New Line of Innovation to Protect

For the last 20 years, manufacturers have used 3D printing to build prototypes, but it was only recently that this industrial technology entered the mainstream.  The 3D printing …

Daimler trademark lawsuit alleges that Amazon.com doesn’t do enough to prevent infringement and counterfeits

At issue in the trademark infringement suit is Amazon’s sale of counterfeit wheel center caps bearing distinctive Mercedes-Benz trademarks... Daimler argues that Amazon “facilitates the sale …
By Steve Brachmann
6 days ago 1

Design Patent Owners Find Optimism in Columbia Sportswear Jury Verdict

The first design patent case to go to trial since Apple v. Samsung has given design patent owners hope that a 'total profit' award is still achievable... …
By Nika Aldrich
6 days ago 0

A Primer on Indefiniteness and Means Plus Function

Means plus function claiming allows the drafter to claim the invention based on functionality rather than the more traditional (and preferred) claiming technique that employs structure within …
By Gene Quinn
6 days ago 2

The Constitutional Underpinnings of Patent Law

The United States Constitution grants to the Congress the power to grant patents. The relevant portion of the Constitution is Article I, Section 8, clause 8. This clause uses …
By Gene Quinn
7 days ago 19

When all else fails, consult the statute!

Specifically, the petition presents the question: is patent ineligibility under 35 U.S.C. § 101, which Congress did not codify in 35 U.S.C. § 282(b), not a cognizable defense …
By Lewis Hudnell
7 days ago 4

Cognitive Dissonance: How the PTAB Reported Appeal Statistics Ruins the Data for Everyone

The PTO reports a case as affirmed if all claims are rejected for at least one issue on appeal and reversed if all claims are reversed for …
By Adam Stephenson
7 days ago 2