Posts in IP News


CAFC denies Amgen discovery in biosimilar patent dispute

In a patent infringement case governed by the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), the Federal Circuit found that it lacked jurisdiction to compel discovery …

Theftovation: Facebook ‘Likes’ Copying Ideas

The Wall Street Journal explains ithat the Silicon Valley culture has long regarded copying as a good thing and necessary for rapid growth, first to market, first …
By Gene Quinn & Peter Harter
19 hours ago 14

USPTO Navigates New Territory In The Wake of Matal v. Tam

The USPTO issued Examination Guide 01-17 on Monday, June 26, 2017, entitled “Examination Guidance for Section 2(a)’s Disparagement Provision after Matal v. Tam and Examination for Compliance with …

Does anyone at Mapbox understand the company’s patent filing activities?

Given that Lee testified that Mapbox has been a party to multiple patent lawsuits and only a single lawsuit can be located, coupled with Lee’s testimony …
By Steve Brachmann
23 hours ago 1

Toronto Real Estate Board Dispute Shows Awkwardness of Copyright Protection for Databases

Legal protection for databases in Canada is, perhaps surprisingly, a little convoluted. In some jurisdictions, unique database rights have been legislated (e.g. the EU). This is …
By Robert Tremblay
1 day ago 0

Federal Circuit says computer memory system claims patent eligible, not abstract

The majority determined that the patent claims drawn to a computer memory system did not cover an abstract idea and, therefore, the second step of the Alice …
By Gene Quinn
2 days ago 14

Testing a Patent Claim against an Abstract Idea, in Response to 35 USC §101 Rejection

One promising approach is to argue that the claims are directed to a specific technological solution to a specific technological problem, as has been successful in the …
By Christopher Hall
2 days ago 7

Nintendo Switch gaming console is at center of patent infringement suit filed by Gamevice

Gamevice is asserting a single patent in this case: U.S. Patent No. 9126119, titled Combination Computing Device and Game Controller with Flexible Bridge Section. Issued in September 2015, …
By Steve Brachmann
2 days ago 1

The Intersection of Fashion, Virtual Reality and the Law

Virtual reality and augmented reality are catching on, and the fashion industry has taken notice. Many of today’s fashion brands are seeing their work being used …

Is being called a ‘patent troll’ defamatory? NH inventor files suit against banking industry to find out

In a New Hampshire State Superior Court, this so-called 'patent troll' has decided to fight back. Automated Transactions and Dave Barcelou have filed a defamation complaint against …
By Steve Brachmann
3 days ago 21

High patent quality standard adversely impacts all inventors

High novelty, high non-obviousness standard, inconvenient court venue for patent owners, and limited availability of injunction remedies, reduced damages, threaten liabilities will hurt all classes of inventors …
By Jianqing Wu, Ph.D.
3 days ago 7

The Problem of Patent Valuation

In many cases, the challenge of patent quality is reduced to questions of patent validity. However, in other cases, the quality of a patent depends on economic …
By Neal Solomon
3 days ago 3

Marathon Patent restructuring will put Fortress subsidiary in charge of patent monetization

Marathon is transferring certain parts of its intellectual property portfolio to newly created special-purpose entities (SPEs), which would give greater control over patent monetization strategies to a …
By Steve Brachmann
3 days ago 1

Federal Circuit upholds PTAB invalidation of podcasting patent despite district court infringement finding

On Monday, August 7th, a judicial panel of the U.S. Court of Appeals for the Federal Circuit entered a decision in Personal Audio, LLC v. Electronic …
By Steve Brachmann
4 days ago 8

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great avenues for advertising and promotion of one’s business and brand. However, in using …
By Philip Nulud
4 days ago 0