Posts in IP News
Eileen McDermott Named Editor-in-Chief at IPWatchdog.com
IPWatchdog is pleased to announce that Eileen McDermott, a veteran IP and legal journalist, will become the new Editor-in-Chief at IPWatchdog.com beginning in January 2019... “I am …
The Role of Stupidity in Trade Secrets
Although every case had its own special facts reflecting unique personalities, technologies and business models, one necessary element was present in every single case. Somebody had done …
Supreme Court Refuses to Take SSL Services v. Cisco, Will Not Answer Question on Multiple Proceedings Rule at PTAB
In its petition for writ, SSL Services argued that the PTAB’s decision to institute the IPR incorrectly denied the application of 35 U.S.C. § 325(d), the …
Defensive Collateral Estoppel Applies Only if Essentially Identical Accused Product Found Non-infringing
In its opinion, the Federal Circuit explained that defensive collateral estoppel of non-infringement applies in very limited circumstances where “a close identity exists between the relevant features …
Federal Circuit Maintains Full-Court Press on Converse’s Chuck Taylor Trade Dress
On October 30, the Federal Circuit Court of Appeals reversed a decision from the International Trade Court invalidating the Converse Chuck Taylor sneaker design trade dress. Converse Inc. …
CAFC Affirms PTAB Win for Patent Owner in Nonprecedential Decision, Chief Prost Dissents
The Federal Circuit recently issued a nonprecedential opinion in Amazon.com, Inc. v. ZitoVault, LLC, affirming a decision by the Patent Trial and Appeal Board (PTAB) that …
CAFC: Patent Claim Directed to Concrete Assignment of Specified Functions is Patent Eligible
The Federal Circuit recently reversed the Western District of Washington’s dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure where the district court held …
Trademark Applications Surge as Overseas Brands Enter U.S. Market
The number of trademark applications being filed by foreign companies with the United States Patent and Trademark Office (USPTO) has been growing steadily – and in China’s …
Iancu Proposes Overcoming 101 ‘Morass’ by Strictly Following Supreme Court Precedent
Director Iancu's remarks gave a first look at what his reforms will look like, and by all indications these changes will be extremely innovator friendly... What has …
Federal Circuit Holds a ‘Similar Enough’ Claim Construction Doesn’t Violate the APA
In Hamilton Beach Brands v. F’Real Foods, the Federal Circuit found that under the Administrative Procedure Act, the Patent Trial and Appeal Board’s adopted claim …
Managing Trademark Clutter in a Busy IoT World
The default position of brands has often been to protect as many marks as possible, driving other applicants out and helping establish a well-known and profitable identity. …
Federal Circuit Vacates PTAB Decision That Video Messaging Patent Claims Were Nonobvious
The Federal Circuit panel of Circuit Judges Timothy Dyk, Evan Wallach and Richard Taranto determined that the PTAB’s decision to uphold patent claims challenged by WhatsApp …
Artificial Intelligence Technologies Facing Heavy Scrutiny at the USPTO
Artificial intelligence technologies are transforming industries and improving human productivity and health. Unfortunately, the stark reality appears to be that artificial intelligence technologies are likely to be …
Constitutional Separation of Powers & Patents of Invention: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC
Despite potentially relevant Supreme Court precedent in Thomas and Granfinanciera, the better view under the weight of Supreme Court precedent with respect to patent validity, absent the …
Three Rules for Managing the Financial Impact of IP Risk
Looking first at patent litigation, approximately 20,000 companies have been sued for patent infringement in the U.S. since 2010; even your neighborhood restaurant is at risk. A particular …
