John M. Rogitz

John M. Rogitz

John M. Rogitz is of counsel to Rogitz & Associates and is a registered patent attorney. His patent background includes preparation and prosecution of a large number of patent applications for Fortune 500 high-tech institutions in a wide range of technologies. John has also been active on behalf of his clients in the acquisition of patent portfolios. John writes frequently for various publications on developments in patent law. He also regularly appears as a guest lecturer on intellectual property at DeVry University. Previously, John was engaged in civil litigation at the Watkins Firm, a San Diego-based law firm. Prior to that, John worked as a web developer for Loyola Marymount University. John received his J.D. in 2009 from California Western School of Law.


Posts by John M. Rogitz


Federal Circuit holds that due process is not violated when PTAB employs ‘surprise’ claim construction

The U.S. Court of Appeals for the Federal Circuit issued a non-precedential decision in Intellectual Ventures II, LLC v. Ericsson, Inc. (2016-1739, 2016-1740, 2016-1741) directed to …
By John M. Rogitz
14 days ago 3

Federal Circuit demonstrates that even when you win at IPR you can still lose

In a rare IPR affirming patentability, the Patent Trial and Appeal Board (the “Board”) found claims of US Patent No. 6,945,013 to be patentable that were directed to …
By John M. Rogitz
15 days ago 1

In precedential decision, Federal Circuit rules patent directed to encoding and decoding image data is not patent-eligible

The Federal Circuit held that the claim was directed to the abstract idea of encoding and decoding image data. According to the panel, the claim recited “a …
By John M. Rogitz
28 days ago 60

Federal Circuit limits breadth of claims based on definition in specification, prosecution history

On April 6, 2017, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in The Medicines Company v. Mylan, Inc. (2015-1113, 2015-1151, and 2015-1181) …
By John M. Rogitz
2 months ago 0

In precedential decision, Federal Circuit further clarifies what constitutes a covered business method patent for CBM review

When applying that definition to the present case, the majority opinion rejected as too limiting Secure Axcess’s proposal that CBM review should be limited to “products …
By John M. Rogitz
3 months ago 1

Federal Reserve Banks file for declaratory judgment in patent case

Once the Federal Reserve Bank of Atlanta declined to take a license, Bozeman informed them that he believed they were infringing on his two patents... The complaint …
By John M. Rogitz
4 months ago 1

Supreme Court: Term ‘article of manufacture’ encompasses both a product sold to a consumer and a component of that product

The relatively short opinion by Supreme Court standards – just over eight pages – puts it simply: “The text resolves this case. The term ‘article of manufacture,’ as used …
By John M. Rogitz
6 months ago 2

CAFC Judges invite en banc review of holding that PTAB decisions to initiate IPRs are unreviewable

''It appears to me that en banc consideration [of Achates] is warranted,'' Judge Taranto wrote. ''It is notable, to begin with, that the [Supreme] Court pointedly …
By John M. Rogitz
6 months ago 5

LinkedIn files suit to stop bots from data scraping its site

LinkedIn recently filed suit in the Northern District of California against Doe Defendants for allegedly “scraping” data about its users from its website through fake profiles and …
By John M. Rogitz
7 months ago 1

Federal Circuit holds software claims to be patent-eligible because they recite a technological solution to a technological problem

Amdocs (Israel), Ltd. v. Openet Telecom, Inc., Appeal No. 2015-1180, is a precedential case from the U.S. Court of Appeals for the Federal Circuit that reverses …
By John M. Rogitz
7 months ago 8

District Court sua sponte raising dispositive issues not enough for case to be reassigned

While TecSec had urged the panel to reassign the case to a different judge on remand in part because the district court judge repeatedly held against TecSec, …
By John M. Rogitz
7 months ago 2

In non-precedential decision, CAFC says prevailing party can challenge claim construction

what is particularly interesting about this case is that Smith, who had prevailed at the district court and was awarded about $322,500 in damages, thought he could not …
By John M. Rogitz
8 months ago 0

In non-precedential decision, CAFC vacates district court grant of summary judgment

In vacating the district court’s summary judgment order, the Federal Circuit noted first that statements made by Micron’s expert regarding what the anticipatory reference disclosed …
By John M. Rogitz
8 months ago 1

In non-precedential decision CAFC reverses PTAB finding of obviousness in reexamination

In re: Natural Alternatives, LLC, 2015-1911 (opinion and errata) is a non-precedential but still notable case from the U.S. Court of Appeals for the Federal Circuit …
By John M. Rogitz
8 months ago 1

Federal Circuit affirms Apple iPhone patent victory over GPNE

GPNE sued Apple for direct infringement of claims in two of GPNE’s patents. The patents at issue relate to a two-way paging system, where the paging …
By Gene Quinn & John M. Rogitz
9 months ago 0