Posts in Articles

Negating Hindsight Reconstruction: A Logical Framework

It is well known that hindsight reconstruction is an insidious error that infects patent prosecution. The Federal Circuit has noted that it is a difficult task to …
By Peter Kramer
4 days ago 30

What makes a good IP renewals provider?

IP portfolios are business assets. The payment of patent annuities is an important part of ensuring a valuable IP portfolio is primed for monetisation. Efficient IP management …
By Ian Johnson
4 days ago 0

The Inventors’ Dilemma: Drafting your own patent application when you lack funds

Before you decide to embark on the path of preparing your own patent application, even a provisional patent application, there are a few questions about your invention …
By Gene Quinn
5 days ago 8

Qualcomm unveils virtual reality headset platform powered by Snapdragon 820

Not only do virtual reality devices sometime present too much information to users, they do a poor job of prioritizing the space available in augmented reality (AR) …
By Benjamin Joe
5 days ago 0

Claim differentiation does not broaden claims beyond their meaning in light of the patent as a whole

Claim differentiation does not broaden claims beyond their meaning in light of the patent as a whole, and cannot override clear statements of claim scope found the …

Claims broad enough to encompass mental processes are unpatentable abstract ideas

The Court reasoned that the claims were limited to straightforward steps that a skilled artisan could perform mentally and that the inventors admitted to doing so. The …

Federal Circuit Clarifies Patent Eligibility Under McRO and Enfish

Using new or improved rules applied by a computer may be patent-eligible, and improving the operation of the computer itself may be patent-eligible, but using a computer …

The FTC’s PAE Study: Doing More Harm Than Good

Basing policy recommendations on no evidence, or at best anecdotal evidence, has great potential to do more harm than good…especially when some of the missing evidence …
By Kristen Osenga
7 days ago 1

2d Cir. affirms S.D.N.Y. decision in Barnes & Noble copyright case, cloud-based services questions

In early October, the U.S. Court of Appeals for the Second Circuit (2d Cir.) handed down a decision, which almost answered important questions about how cloud-based …
By Steve Brachmann
7 days ago 0

RIAA, UK recording industry groups file copyright suit against YouTube-mp3

The plaintiffs allege that defendants YouTube-mp3 and its owner/operater, German citizen Philip Matesanz, facilitate the infringement of copyrighted sound recordings by offering a service that “rapidly …
By Steve Brachmann
8 days ago 1

Why should litigation costs of the infringer be relevant to determine if a license is fair or just a nuisance?

Why should the costs of the tortfeasing infringer be relevant in determining whether the extracted value from a settlement is fair? The fact that law firms charge …
By Gene Quinn
9 days ago 29

FDA rules updated on patent information, paragraph IV certifications for ANDAs and 505(b)(2) applications

On Thursday, October 6th, the U.S. Food and Drug Administration (FDA) published a 79-page notice in the Federal Register regarding new rules surrounding Abbreviated New Drug …
By Steve Brachmann
9 days ago 0

Plain confectionery packaging a heavy-handed response to health concerns

Legislating for tobacco-style plain packages for confectionery is a disproportionate response to the obesity crisis and strips companies of valuable trademarks, writes the Institute of Economic Affairs' …
By Christopher Snowdon
9 days ago 5

Lex Machina IP litigation report for Q3 2016 reflects a downward trend in patent, trademark suits

The report indicates that IP litigation in U.S. district courts is declining across the board. During 2016’s third quarter, U.S. district courts received a total …
By Steve Brachmann
10 days ago 0

Softbank Buys ARM to Focus IoT – But The Patents May Be Missing In This Deal!

Softbank’s acquisition of ARM Holdings is widely known and several blogs and articles have tried to explain the business background of the huge deal. Just following …
By Goran Grbic
10 days ago 1