Posts in IP News


Hakuna Matada Isn’t a Strategy for Paradigm Shifting Innovation

Wouldn’t it be a great world if people innovated for the sake of innovating, spending every waking moment in the pursuit of solutions and inventions that …
By Gene Quinn
8 days ago 22

Three rounds of IPR petitions invalidates VirnetX patent after Apple gets around statute of limitations

Luckily for Apple and Microsoft, however, VirnetX did not assert the ‘135 patent against Mangrove Partners, a hedge fund, which filed a petition for IPR against the ‘135 patent …
By Steve Brachmann
8 days ago 3

Government and 3D Printing: A New Line of Innovation to Protect

For the last 20 years, manufacturers have used 3D printing to build prototypes, but it was only recently that this industrial technology entered the mainstream.  The 3D printing …

Design Patent Owners Find Optimism in Columbia Sportswear Jury Verdict

The first design patent case to go to trial since Apple v. Samsung has given design patent owners hope that a 'total profit' award is still achievable... …
By Nika Aldrich
9 days ago 0

A Primer on Indefiniteness and Means Plus Function

Means plus function claiming allows the drafter to claim the invention based on functionality rather than the more traditional (and preferred) claiming technique that employs structure within …
By Gene Quinn
9 days ago 2

The Constitutional Underpinnings of Patent Law

The United States Constitution grants to the Congress the power to grant patents. The relevant portion of the Constitution is Article I, Section 8, clause 8. This clause uses …
By Gene Quinn
10 days ago 19

When all else fails, consult the statute!

Specifically, the petition presents the question: is patent ineligibility under 35 U.S.C. § 101, which Congress did not codify in 35 U.S.C. § 282(b), not a cognizable defense …
By Lewis Hudnell
10 days ago 4

Cognitive Dissonance: How the PTAB Reported Appeal Statistics Ruins the Data for Everyone

The PTO reports a case as affirmed if all claims are rejected for at least one issue on appeal and reversed if all claims are reversed for …
By Adam Stephenson
10 days ago 2

PTAB invalidates targeted advertising patents, preserving billions in Google ad revenue

It is no secret that the fortunes of Mountain View, CA-based tech conglomerate Alphabet Inc. are largely based upon the advertising revenues accrued through its subsidiary Google …

Predicting SAS Institute in Advance of SCOTUS Oral Arguments

The United States Supreme Court will hear oral arguments in SAS Institute v. Matal on Monday, November 27, 2017. This case will give the Supreme Court the opportunity to …
By Gene Quinn
11 days ago 5

ITC institutes 337 investigation into allegations of patent infringement by Schick Hydro

The U.S. International Trade Commission (ITC) announced that it had decided to open a Section 337 investigation over allegations of potential patent infringement in the consumer hygiene …
By Steve Brachmann
11 days ago 0

Fish & Richardson Adds Brian Gaff as Principal in Boston

On November 6, 2017, Fish & Richardson announced that Brian M. Gaff has joined the firm’s Boston office as a principal in its Litigation Group, where he will continue …
By Press Releases
11 days ago 0

Predicting Oil States in Advance of SCOTUS Oral Arguments

The United States Supreme Court will hear oral arguments in Oil States v. Greene's Energy Group on Monday, November 27, 2017. This case will give the Supreme Court its …
By Gene Quinn
12 days ago 43

When Big Brother Comes Marching In: Patent Challenges on Entrepreneurial Campuses

Bayh-Dole has recently come under attack, as some are trying to highjack certain provisions to be used as a cost control measure for novel therapeutics as the …

The Art of Dealing with Uncertainty

Do you sometimes feel unsure of yourself when speaking to a client or making a presentation?   Anyone who answered no is not being honest.   We all feel …
By Bernard Knight
12 days ago 0