Posts in IPWatchdog.com Articles


Ensuring a robust defensive portfolio: A Prepared Counter-Assertion Strategy

The required number of patents in a given playbook varies based on both the size of company of concern and our exposure to it. The general goal …

Evolution of Gas Sensors: Beatrice Hicks creates device to measure gas in critical industrial applications

Inventor, Beatrice Hicks, is both a 2017 inductee into the National Inventors Hall of Fame as well as one of America’s truly trailblazing women engineers, one of …
By Steve Brachmann
3 hours ago 0

A Call for Enacting Urgent Patent Reform: A New Patent System for Securing U.S. Technological Leadership

The U.S. patent system is the primary contributor for the U.S. economy. Since the foundering of the nation, the patent system has fostered an innovation …
By Jianqing Wu, Ph.D.
21 hours ago 8

Chinese President Xi Jinping says infringers should be punished and pay a heavy price

“Wrongdoing should be punished more severely so that IP infringers will pay a heavy price,” Xi said. At a time when President Xi is actively moving China’…
By Steve Brachmann & Gene Quinn
23 hours ago 10

In the Era of Spotify and Pandora Where Do ASCAP and BMI Fit?

In traditional music recording, artists have had to choose to license their music through major music industry organizations like ASCAP and BMI. In the age of streaming …
By Derek Handova
1 day ago 1

Learning from common patent application mistakes by inventors

The goal in a patent application is to provide a full, clear, and exact description of the invention in a way that particularly points out and distinctly …
By Gene Quinn
2 days ago 0

The PTAB: Number One Enemy of Inventors

When we apply for a patent, we are sharing our secret, our discovery, with the world. In exchange for sharing our secret we are promised 20 years of …
By Josh Malone
2 days ago 34

Breadth through Specificity: Supporting Alternative Embodiments with Multiple Examples in Patent Applications

Two recent cases, The Medicines Co. v. Mylan, Inc and Skedco, Inc. v. Strategic Operations, Inc., illustrate that the patentee’s specification is key to determining whether …

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

The Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a reverse confusion theory in Marketquest Group v. BIC, Case No. 15-55755 (9…
By Angel Chiang & Eric Ball
3 days ago 0

Ninth Circuit Confirms Willfulness is Required to Award Profits in Trademark Cases

As Stone Creek deepens the divide among circuits, the issue of whether willfulness is required for disgorgement of a defendant’s profits in trademark cases is ripe …
By Shannon Turner & Eric Ball
3 days ago 0

JPO Decides WHITNEY HOUSTON Trademark is Descriptive When Used on Music Recordings

At an initial examination proceeding, JPO examiner refused the trademark with respect to all goods in class 9 on the grounds that consumers can easily perceive or conceive …
By Masaki Mikami
3 days ago 0

Assertion Risk Mitigation Opportunity Through Patent Acquisition

In this post, we’ll analyze LinkedIn’s patent acquisition process and the results of its targeted buying program. While the increase in LinkedIn’s filings helped …

The Growing Problem of Online Counterfeit Products

Many states have statutes that make counterfeiting a state crime, but often only if the trademark is registered in that state. According to Lo Cicero, state registrations …

Thoughts From the Amtrak: Leaps of Faith and the U.S. Patent System

All too often I’m reminded that today’s American patent system is more droit du USPTO than it is the system for the innovative masses as …
By Steve Brachmann
4 days ago 17

Neighboring booths at IDEA World 2017 locked in trademark infringement case over fitness equipment

At this year’s IDEA World, TRX’s booth is very close to Aktiv Solutions, a distributor of fitness equipment. The two are only separated by one …
By Steve Brachmann
4 days ago 3