Posts in Patents


USPTO handling of patent eligibility sparks substantive discussion at PPAC meeting

Bahr explained a number of things, including the reason the USPTO has not updated patent eligibility guidance to address the pro-patent decision of the Federal Circuit in …
By Gene Quinn
12 hours ago 9

The IoT : A Look at the IP Landscape of Fitness Wearables

The fitness wearables market is driving millions of shipments per year in silicon and devices. By 2019, IDC predicts that the worldwide wearables market will grow to around 155.7 …

Sirius XM Holdings is latest patent target for Global Interactive Media

Global Interactive Media is attempting to enforce its rights on a patent which has expired. The ‘907 patent originally issued in October 2011, lapsed effective last October because of …
By Steve Brachmann & Gene Quinn
19 hours ago 0

Federal Circuit affirms Apple iPhone patent victory over GPNE

GPNE sued Apple for direct infringement of claims in two of GPNE’s patents. The patents at issue relate to a two-way paging system, where the paging …
By Gene Quinn & John M. Rogitz
2 days ago 0

IP Strategies for Digital Health Products and Services: What Can You Protect in a Data-Driven World?

Disruptive innovation, like what we are seeing in the health care industry, often causes disruption elsewhere, and the legal landscape is no exception. The life cycle of …
By Maia H. Harris
2 days ago 0

PCT International keeps permanent injunction thanks to Rule 36 affirmance

A lack of written opinion in the Rule 36 affirmance issued by Federal Circuit wasn’t an issue for PCT’s counsel. "These types of results reflect a …
By Steve Brachmann
2 days ago 0

Rule 36 Judgment: The growing problem of one word affrimance by the Federal Circuit

In PCT International, Inc. v. Holland Electronics, LLC, the use of a Rule 36 judgment is particularly disconcerting because the Federal Circuit upheld the issuance of a permanent …
By Gene Quinn
3 days ago 6

The Number of Unique Patent Assertions Has Been Declining Since 2010

The analysis of unique patent numbers asserted each year surprisingly suggested a decline since 2010. This is an important measure, because it shows that the rise in the …
By Pedram Sameni
3 days ago 0

Advances in artificial pancreas technology leading towards probable FDA approval in 2017

Artificial pancreas systems can provide dramatic improvements to the quality of life of diabetes patients and Kowalski should know, as he himself has had type 1 diabetes for 30 …
By Steve Brachmann
3 days ago 0

Free Webinar: Learning what the most successful companies do to overcome Alice rejections

On Wednesday, August 24, 2016, at 2pm ET, I will be hosting a free webinar discussion on how to overcome Alice rejections. I will discuss the companies that are …
By Gene Quinn
3 days ago 4

CAFC: Obviousness Analysis Must be Based on More than Common Sense

The Court recognized that “‘[c]ommon sense has long been recognized to inform the analysis of obviousness if explained with sufficient reasoning.’” However, “there are at least …

How do you know if you have a licensable product?

There are three major things that need to intersect to make a licensable product. First of all, you have the patentable side. Either it is patented or …
By Gene Quinn
5 days ago 2

Co-Inventors Must be Named, Even Those who Contribute to One Aspect of One Claim

On appeal, the Federal Circuit reviewed whether there was substantial evidence supporting the district court’s finding that Nathan and Matheson should be added as co-inventors. In …

Specification Focus on one Embodiment Cannot Limit the Invention if Specification Contemplates Other Embodiments

While much of the specification focuses on a scheme involving patient-identifying information, the Court held that a specification’s focus cannot be limited on one particular embodiment …

Phillips Claim Construction Standard Applies to Ex Parte Reexam After Patent Expires

The Court held that the Board improperly continued to apply the BRI standard following the expiration. While the examiner properly applied the BRI prior to expiration, the …