Posts in IP News


BREAKING: Federal Circuit rules tribal sovereign immunity cannot be asserted in IPRs

Federal Circuit, in an opinion authored by Judge Moore, affirmed the determination of the PTAB, holding that tribal sovereign immunity cannot be asserted in IPRs. the decision …
By Gene Quinn
3 hours ago 4

Trade Secrets: Contempt proceedings put miscreant in jail for failure to provide information about misappropriation

Generally, a breach of confidence under English law does not give rise to criminal liability (and the recently implemented Trade Secrets Directive only addresses civil remedies for …
By Robert Williams & Will Smith
7 hours ago 1

CAFC says District Court Erred in Claim Construction in Blackbird Patent Case

On Monday, July 16th, the Court of Appeals for the Federal Circuit issued a precedential decision in Blackbird Tech v. ELB Electronics, which vacated an earlier judgment …
By Steve Brachmann
10 hours ago 0

6 Years Later: The Effects of the Mayo Decision on Diagnostic Methods

2018 celebrates the six-year anniversary of one of the most important Supreme Court decisions of the modern era. On March 20, 2012, the Court handed down its ruling in Mayo …
By Shai Jalfin
1 day ago 3

Jazz Pharmaceuticals: Does the Federal Circuit Really Understand the Dichotomy in the Printed Publication Bar?

Unfortunately, Lourie’s opinion in Jazz Pharmaceuticals (equally mindless in my opinion) simply latches onto Prost’s words in Suffolk Technologies that a “printed publication need not …
By Eric Guttag
1 day ago 0

Costumes and Copyrights: Can you afford to wear that?

There’s a season every year where individuals dress-up in homemade costumes and gather for tricks, treats… and comic books? That’s right, it’s comic-con season! …
By Katie Scholz
2 days ago 8

House Subcommittees Hold Hearing on China’s Predatory Trade, Investment Strategy

The day’s hearing featured discussion of actions the U.S. government should be taking in order to counter deceptive trade practices pursued by the Chinese government, …
By Steve Brachmann
2 days ago 0

Legislation Introduced in House to Repeal the PTAB and the AIA

There are 13 sections to Massie’s bill, many of which are geared towards the abolition of various statutes of the AIA. Perhaps the most salient portion of …
By Steve Brachmann
3 days ago 13

The Categorical Imperative for Innovation and Patenting

In his Categorical Imperative, Kant simplifies a moral argument position for an individual by asking a question: if you thought that your position or Statement would be …
By Raymond Van Dyke
3 days ago 8

The Supreme Crusade to Weaken Patent Rights in America

Over the years the Supreme Court has reached many controversial decisions, but in the patent space they have made statements that demonstrate just how incompetent they are …
By Gene Quinn
4 days ago 38

Berkheimer, the Administrative Procedure Act, and PTO Motions to Vacate PTAB § 101 Decisions

After several years in which the U.S. Patent and Trademark Office (PTO) did not seem to have an official position on the issue, and many Patent …

Warren Johnson, The Father of Thermostats and Automated Room Temperature Control

Warren Johnson one of the 2018 inductees into the National Inventors Hall of Fame for his invention of automatic room temperature control. July marks the anniversary of two …
By Steve Brachmann
4 days ago 1

Entire Market Value Rule Inappropriate When Patented Feature Not Sole Driver of Customer Demand

Power Integrations, Inc. owns U.S. Patent Nos. 6,212,079 ("the '079 patent") and 6,538,908 ("the '908 patent"). Power Integrations sued Fairchild Semiconductor Corporation and Fairchild (Taiwan) Corporation (collectively "Fairchild") …

Oracle v. Google: Protecting Software Development, Not Destroying It

Many articles are coming out about how the recent decision in Oracle America v. Google is going to destroy the ability to create and protect software in …
By Bob Zeidman
5 days ago 2

Federal Circuit Vacates PTAB’s Determination of CBM Patent After Appeal by Apple and Google

On Wednesday, July 11th, the Court of Appeals for the Federal Circuit issued a decision in Apple v. ContentGuard Holdings vacating a decision by the Patent Trial …
By Steve Brachmann
5 days ago 2

Our website uses cookies to provide you with a better experience. Read our privacy policy for more information.Accept and Close