Posts in Patents


Chien argues that it is impossible for someone to donate their technology without fearing that another will get a patent on it and defeat the well-meaning donation to the public. Such a statement plays into urban mythology and preys …

Continue Reading

Since she first joined the USPTO as the newest examiner in 1977, Focarino has worked tirelessly in a variety of different roles, always as a public servant. Not only has she worked in the public sector doing whatever job has …

Continue Reading

On June 26, the Third Circuit held that payment includes more than just cash transfers. Judge Scirica, in a unanimous decision, wrote that Glaxo's promise to Teva not to introduce an authorized generic version of epilepsy-and-bipolar-disorder-treating Lamictal was an "unusual, …

Continue Reading

Today, our patent system is faltering. For the first time in our history, inventors and their counsel are considered villains for defending hard-earned patent rights. Companies that steal patents from inventors are called our innovators. The innovation world has …

Continue Reading

It is understandable that those who are entering into a business endeavor would want to know what their potential exposure might be, and when you have an invention perhaps the single largest potential liability looming is the threat of …

Continue Reading

It is undeniable that the major destructive force in the patent system today is the United States Supreme Court. Indeed, over the last several years, the Supreme Court has become extremely active in the area of patent law. They …

Continue Reading

In this issue of the Federal Circuit Review: (1) A Patent Owner Must Show They Are Entitled to Amended Claims In an Inter Partes Review, Including in View Of All Prior Art of Record, and Known to the Patent Owner; (2) …

Continue Reading

“Time is money” rings especially true for those pursuing patents at the USPTO. Anyone who has previously dealt with this organization can attest to the fact that it is slow moving and extremely costly. Being that this single government …

Continue Reading

Partners Joe Robinson and Bob Schaffer have for some time published a Federal Circuit Review Newsletter. I have been a subscriber since they started publishing that newsletter just over a year ago. I pitched Joe and Bob with the …

Continue Reading

There can be little doubt of the exceptional importance of Akamai Technologies, Inc. v. Limelight Networks, Inc. to the intellectual property community, and to innovators as a whole. The issue of joint infringement has been the focus of much …

Continue Reading

To a large extent the meaning of the term depends on your viewpoint, but for a patent owner patent quality is all about value. Indeed, from the patent owner’s perspective it is virtually impossible to divorce patent quality …

Continue Reading

A recent trend towards compulsory licensing has also raised red flags for many. In March 2012, the Indian Patent Office granted the country’s first compulsory license to a domestic pharmaceutical company for a cancer drug developed by Bayer AG. …

Continue Reading