Posts in IP News


Federal Circuit Denies Mandamus Relief and Orders Disclosure of Documents

As a threshold matter, the Court considered whether it had jurisdiction over the writ of mandamus. The Court noted the America Invents Act broadened its jurisdiction to …

CAFC says Antedating a Reference under Section 102(g) Focuses on Critical Period as a Whole

In an IPR decision, the Patent Trial and Appeal Board invalidated several claims from U.S. Patent No. 6,030,384 as anticipated or obvious over Japanese Publication No. H1033551…

Prior Art Combination that Sometimes Provides Results of Broadly Claimed Method Can Make that Method Obvious

In 2013, Google, Inc. (“Google”) filed inter partes review and covered business method petitions challenging the validity of Unwired Planet, LLC’s (“Unwired”) patent, at issue on appeal. …

Federal Circuit Vacates PTAB Decision Applying Incorrect Definition for CBM Patents

Claimed methods incidental or complimentary to financial services are not necessarily reviewable as CBM patents. The claims as they were written must be directed to methods and …

Increasing Number of Women Patent Holders Can Spur U.S. Innovation, Grow the Economy

On Thursday, December 1, I attended the Innovation Alliance's panel on Closing the Patent Gender Gap: How Increasing the Number of Women Patent Holders Can Spur U.S. …
By Renee Quinn
2 days ago 1

The Supreme Court’s Section 101 Jurisprudence: Dangers for the Innovation Economy

To shed light on this issue, and on possible solutions, Inventing America and IPWatchdog will host a conference on Section 101, with remarks by U.S. Senator Chris …
By Gene Quinn
2 days ago 0

Recent study on lost copyright royalties may reopen WTO case on Section 110 exemptions in U.S.

A recent report from French consulting firm PMP Conseil made waves in the media for indicating that public performance exemptions in U.S. copyright law, such as …
By Steve Brachmann
2 days ago 0

A STEPP In the Right Direction: A review of the PTO Stakeholder Training on Examination and Practice and Procedure (STEPP)

Hands on exercises were part of the program. In reading and understanding a patent application, materials were provided how examiners learn to break down an application in …

Internet of Things: The Implications for IP Law Practice

The IoT presents a challenge to IP practitioners to adapt existing IP protection strategies by developing new approaches better suited to the rapidly changing, connected-yet-disconnected network of …

Software Patents Will Survive: How Section 101 Law Is Settling Down

I think the reality is that software patents in some form are here to stay for the foreseeable future; it is also true that things that used …
By Matt Levy
3 days ago 30

Going Digital and The Rise of Internet of Things

Join Gene Quinn (IPWatchdog.com), Ray Millien (Chief IP Counsel for GE Oil & Gas) and Julia Elvidge (President of Chipworks) on Thursday, December 1, 2016, for an panel discussion …
By Gene Quinn
3 days ago 4

Did Reddit’s CEO Pierce Section 230 Protections?

Internet attorneys spend our days fighting the good fight – at least that’s what I think I do. In a time where judges confuse metadata and metatags, …
By Heather Antoine
3 days ago 0

Review the Rule Act would delay SCOTUS proposed changes to Rule 41 on warrants for electronic searches

The Review the Rule Act of 2016 was introduced into the U.S. Senate by Sen. Chris Coons (D-DE), which would delay amendments to Federal Rule of Criminal …
By Steve Brachmann
4 days ago 0

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
4 days ago 5

How Can You Protect Cannabis-based Intellectual Property Under Federal Prohibition?

What started as a curiosity in Colorado and Washington state in 2012 could have gained the momentum of a juggernaut: marijuana legalization. Now with California and other states …
By Derek Handova
4 days ago 1