Posts in Articles

Fishing for Trade Secrets

Modern discovery can be quite disruptive and expensive. Recognizing that there is a particular danger of abuse in trade secret cases, where defendants are often individuals or …
By James Pooley
8 hours ago 0

Some Observations on Drug Patents – A Response to Arie Michelsohn

Nothing in my own experience leads me to believe that the PTO applies a lower anticipation or obviousness standard to pharmaceuticals, and I expect this would be …
By Hans Sauer
10 hours ago 6

IP Due Diligence for Start-ups in the 2018 Legal Environment – The Most Important Conversation

For IP due diligence for investment in a start-up or young company, the most important conversation is with the key developer(s) of the product(s) or …
By Paul Haughey
13 hours ago 0

Federal Circuit Opens the Door to Extrinsic Evidence in Support of Patent Eligibility

A casual observer may read the Aatrix dissent, or cases cited therein, to say it is improper to consider extrinsic evidence.  In particular, the dissent quotes Secured …
By James Carmichael
1 day ago 3

Holder for Car Camera Does Not Infringe Patent for Removable Book Holder

in Ottah v. Fiat Chrysler, Chikezie Ottah appealed the lower court’s grant of summary judgment of non-infringement and dismissal of the complaint with prejudice. Ottah’s …

Preclusion Applies Only If Scope of Patent Claims in Both Suits are Essentially the Same

In SimpleAir v. Google, The district court found claim preclusion applied because the patents at issue had the same title and specification as previously litigated patents, SimpleAir …

Miley Cyrus Hit With Copyright Suit Alleging “We Can’t Stop” Copied from 1988 Reggae Hit

Attorneys representing Jamaican songwriter Michael May filed a suit for copyright infringement in the Southern District of New York. At issue in the case are musical elements …
By Steve Brachmann
2 days ago 1

Portal Communications Alleges Apple’s Siri Willfully Infringes on Natural Language Processing Patents

Portal Communications filed a suit for patent infringement against Cupertino, CA-based consumer tech giant Apple Inc. At issue in the case, which was filed in the Eastern …
By Steve Brachmann
2 days ago 1

Paul Fakler Joins Orrick’s IP Team in NY

Orrick is pleased to announce that Paul Fakler, a nationally recognized adviser in complex copyright litigation and policy matters, including the unique area of royalty rate disputes …
By Press Releases
3 days ago 0

Federal Circuit says Kessler Doctrine did not preclude claims asserted against Google

Google also argued that, if claim preclusion did not bar SimpleAir’s infringement claims, than the Kessler doctrine barred them. This doctrine, stemming from a 1907 decision by …
By Steve Brachmann
3 days ago 2

U.S. Customs Reports a Record Number of Counterfeit Shipments Seized During 2017

the U.S. Customs and Border Protection (CBP) announced that it, along with U.S. Immigration and Customs Enforcement (ICE), had seized a record number of counterfeit …
By Steve Brachmann
3 days ago 0

Protecting Automotive and Mobility Innovation in 2018

As autonomous vehicle and mobility technology continues to make headlines, federal legislation is making its way through Congress with the goal of removing government hurdles for the …
By Salvador Bezos
3 days ago 0

William Stroever Joins Cole Schotz IP Group

Cole Schotz P.C. is expanding its Intellectual Property department with the addition of new member William Stroever in New Jersey. Mr. Stroever has extensive experience helping …
By Press Releases
4 days ago 0

Dueling Visions of the Patent System, Dueling Visions for America

The article in IPWatchdog describing how the United States democratized the patent system, extending the right to own intellectual property to commoners, came to mind after reading …
By Joseph Allen
4 days ago 52

Federal Circuit Decisions Breathe New Life Into Alice Responses by Patent Prosecutors

While most commentary to date has focused on the implications for litigation, two recent Federal Circuit decisions have promising implications for patent prosecutors struggling to overcome conclusory …