Posts in Patents


Why is the Trump DOJ arguing patents are a public right?

It is no surprise to anyone that patent rights in the United States suffered enormously under the two terms served in the White House by President Barack …
By Gene Quinn
52 minutes ago 2

Makers of Popular Bakugan Toy Files Patent Infringement Suit over Transformable Toys

The technology covered by the ‘073 patent has been incorporated into the series of Bakugan rollable toys developed by Spin Master and released in 2007 in conjunction with the …
By Steve Brachmann
5 hours ago 0

Aatrix Software v. Green Shades Software: Pleading must be taken as true on 101 motion to dismiss

"The Aatrix ruling is significant because when deciding a motion to dismiss all factual allegations made by the plaintiff (i.e., the patent owner) in the complaint …
By Steve Brachmann
1 day ago 6

Microsoft HoloLens: Will Gamble on Holographic Technology Pay?

Microsoft enters the marketplace with its futuristic mixed reality headset — HoloLens — which on a first glance looks like a Gadget straight out of a Bond movie. When …
By Jay Sharma
1 day ago 3

Patents, Copyrights and the Constitution, Perfect Together

James Madison — the fourth President of the United States and the father of the U.S. Constitution — wrote the usefulness of the power granted to Congress in …
By Gene Quinn
2 days ago 9

The Message USPTO Director Iancu Should Deliver to the Office

Envisioning what Director Iancu should say to his Patent Office team on his first day in office... People have been asking me about my new job: Are …
By Aaric Eisenstein
2 days ago 3

Despite Discovery Violations, Amneal Prevails on against Merck in Nasonex Patent Dispute

Merck appealed the lower court’s finding of non-infringement of U.S. Patent No. 6,127,353 (“the ‘353 patent”), which is directed toward mometasone furoate monohydrate (“MFM”), commercially used in …

Federal Circuit vacates PTAB decision for failure to explain reason claims were invalid

Unlike the Board’s anticipation determinations, which contravened the only permissible findings that could be drawn from the prior art under the proper constructions of the relevant …

Is there a Light at the End of the Alice Tunnel?

Maybe I’m being too optimistic. But in a pair of decisions issued within a week of each other, Berkheimer v. HP and Aatrix Software v. Green …
By Meredith Addy
3 days ago 29

PTAB Ruling Tainted by Hindsight; Failure to Consider Undisputed Commercial Success

The Federal Circuit also remanded to the Board further consideration of the undisputed evidence presented by Polaris that its ATVs were a commercial success. Polaris presented undisputed …

CAFC says PTAB Entitled to Weigh the Credibility of Experts, Ignore Attorney Argument

Elbit’s expert argued that the asserted claims were obvious because the two-step and three-step methods are “mathematically equivalent” in that the three-step method simply reorders steps …

Didi Chuxing acquires 150 patents in automotive, self-driving space

International patent brokerage and Intellectual Property advisory firm Tangible IP is poised to announce that it has successfully brokered the sale of a patent portfolio of close …
By Gene Quinn
4 days ago 0

Nordt Succeeds in Appeal to Federal Circuit on Knee-Brace Application

Despite its ultimate conclusion, the Court observed that Nordt failed to “persuasively or precisely” articulate to the Board “what structural limitation is imparted” by the “injection molded” …

Federal Circuit Affirms Preliminary Injunction

Turning to the injunction, Infineon was enjoined from undertaking certain activities concerning products in the Exclusive Field that practice the licensed patents. The Court vacated this provision …

Distribution Agreement Considered a Commercial Offer and On-Sale Bar

The Federal Circuit reiterated that the on-sale bar does not exempt commercial agreements between a patentee and its supplier or distributor. It is the commercial character of …