Posts in IP News


USPTO Decision to Disclose Unpublished Patent Application is Judicially Reviewable

The Federal Circuit held that the structure and language of §122(a) indicate that Congress intended the exceptions to confidentiality to be narrow and reviewable. §122(a) contains two …
17 hours ago 0

CAFC overturns jury verdict, patent obvious because prior art would yield a predictable result

Applying KSR, the Federal Circuit concluded that combining elements from the cited prior art would have yielded a predictable result, namely the system fan would activate periodically …
19 hours ago 0

Third-Party Use of Similar Marks Relevant to Strength of Opposer’s Trademark

The Federal Circuit explained that evidence of third-party use bears on the strength or weakness of an opposer’s mark. In this case, which arose as an …
21 hours ago 0

The Economist bites the hand that feeds it: patents

The majority shareholder of The Economist Group, the company responsible for publication of The Economist, owns patents. It seems very odd to us that most of the …
2 days ago 1

PTAB refuses Volkswagen IPR petition against Marathon patent

In siding with the patent owner the PTAB explained that the petitioner insufficiently made a case that the claimed invention was obvious. A proper obviousness argument must …
2 days ago 2

Job Opening – Dominion Harbor seeks Licensing Advisor in Dallas Texas

Dominion Harbor is seeking Licensing Advisor for its Dallas, Texas office. The Licensing Advisor analyzes intellectual property portfolios and performs market research related to client patent portfolios. …
2 days ago 0

Eli Lilly prevails in divided infringement Alimta® patent case

The United States District Court for the Southern District of Indiana ruled in favor of Eli Lilly (NASDAQ: LLY), issuing a final judgment in the Hatch-Waxman infringement …
3 days ago 1

Genuine Use: How much use is ‘genuine use’ in the European Union?

When an undertaking operates in more than one country of the European Union it is a wise legal choice to apply for a trademark on a community …
3 days ago 0

Understanding the black box and why it can be so difficult to locate

The earlier days of black box technology well behind us, the magnetic tape recording medium has since been replaced by solid state memory to record data. Today, …
3 days ago 0

USPTO proposes pilot where a single APJ would make IPR institution decisions

Presently the USPTO has a panel of three APJs decide whether to institute a trial, and then normally has the same three-APJ panel conduct the trial, if …
3 days ago 5

USPTO denies Kyle Bass IPR patent challenge against Acorda Therapeutics

The USPTO declined to initiate an inter partes review of two patents owned by Acorda Therapeutics, Inc. Acorda patents were challenged by the Coalition for Affordable Drugs, …
4 days ago 5

American auto industry has lost former dominance but retains some luster

When you think about the american auto industry it’s becoming clearer every day that the idea of American-made or Japanese-made is not black and white. Increasingly, …
4 days ago 0