Posts in Patents


Patent Office Issues New AIA Rules

The U.S. Patent and Trademark Office recently issued an updated set of rules affecting trial practice before the Patent Trial and Appeal Board. In large part, …
By Christopher King 1 hour ago 0

The Business of IP: Choosing Between Patents and Trade Secrets

In the field of Intellectual Property (IP) attorneys have options when counseling clients on how to protect their IP. However, these options remain subject to constant forces …
By Derek Handova 20 hours ago 0

IP Offshoring: The Pros, Cons and Potential Cost Savings

There are two main business strategies of offshoring, called the captive form model and independent contractor model. The captive firm model is when a company hires their …
By Angélique McCall 21 hours ago 2

Rest in Peace Friend: Karl Jorda 1929 – 2016

Earlier this afternoon the Pierce IP Center at the University of New Hampshire School of Law announced via Twitter that Professor Karl Jorda has passed away. Karl …
By Gene Quinn 2 days ago 9

Supreme Court to Weigh in on Damages for Design Patent Infringement

Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s divergence from its …

Book Review: Patents After the AIA: Evolving Law and Practice

The treatise presents both practical and strategic advice regarding the preparation, prosecution, evaluation, enforcement, and litigation of U.S. utility patents after the passage of the AIA …
By David Kappos 2 days ago 4

Will the Federal Circuit’s Enfish ruling have broader implications for data storage patents in general?

Days before this Federal Circuit decision, the Patent Trial and Appeal Board (PTAB) issued its decision for Informatica Corp. v. Protegrity Corp. The patent at issue in …

As Airbnb disrupts the hotel industry it increases D.C. lobbying

This increased political exposure across the nation is likely a big reason why Airbnb is increasing its DC lobbying arsenal by hiring former Congressman Vin Weber and …
By Steve Brachmann 3 days ago 0

The Royalty Rate for a Subset of Standard Essential Patents – What Is Reasonable?

How can a patent that is deemed essential for a standard not be infringed in a product that implements that standard? One possible explanation could be that …
By Menno Treffers 4 days ago 1

How Congress can ensure the patent system protects inventors and entrepreneurs

Congress can, and should, take at least four steps in restoring the health and vitality of our patent system: First, Congress should ensure that the patent grant …

Is This Patent Any Good? How to Tell a Good Patent From a Bad One

Many inventors boast that they did not understand their patent application because their attorney used "legalese." Some even joke that it was so dense that they did …
By Russ Krajec 5 days ago 7

Is the USPTO’s IPR Process Constitutional?

I represent MCM Portfolio LLC, which is seeking Supreme Court review of a recent decision of the United States Court of Appeals for the Federal Circuit upholding …
By Thomas Goldstein 6 days ago 49

An Offer For Sale Under § 102(b) is Made When a Communication Creates a Power of Acceptance

The district court held that the patent was not invalid because those communications did not constitute an offer for sale that would trigger the on-sale bar. Watson …

Federal Circuit Affirms Doctrine of Equivalents Analysis Using Appropriate Hypothetical Claim

The Federal Circuit held that it is not the case that a patent must spell out a claim element’s function, way, and result, for the doctrine …

Patents For Self-referential Computer Database Are Not Categorically Unpatentable as Abstract

Where the claims are directed to an improvement to computer functionality, they are not abstract under the first step of Alice, and thus no step-two analysis is …