Posts in Technology & Innovation


Flying Cars, Drone Taxis and Other Futuristic Personal Transportation

While many of us long for the days to come in which our sedans or SUVs can suddenly sprout wings, taking us far away from congestive traffic …
By Steve Brachmann
4 months ago 3

Capitol Hill Roundup

This week is a very busy one on Capitol Hill where hearings on various subjects related to technology and innovation are concerned. The House of Representatives will …
By Steve Brachmann
4 months ago 0

OEM Trademarks in the AfterMarket: Exploring the Boundaries

While there are certainly limits on how—and how much—aftermarket sellers can use OEM trademarks to communicate key information about aftermarket parts, the legal boundaries for …
By Susan Frohling
4 months ago 0

Could Have, Should Have, Would Have

It is irresponsible for adults to give children who fail to complete their work credit based on the excuse that the children could have, should have, would …
By David Wanetick
4 months ago 35

Using Legal Finance to Unlock University IP Assets

Litigation finance in the university context is thus particularly valuable. Even for smaller matters, litigation finance shifts spend off the university’s balance sheet, allowing it to …

The CRISPR Tug of War

The University of California (“UC”) and The Broad Institute, Inc. (“Broad”) are among the leaders in the development of CRISPR technology.  Both UC and Broad filed patent …

Protecting Innovation During the 3D Revolution

Innovators often face the question of how to best protect their new ideas.  Patents immediately come to mind for new products and processes.  However, copyright protection should …
By Katie Scholz
5 months ago 1

Software Patent-Eligible Subject Matter: Claiming Improvements in Computer Functionality

Particularize the claims.  This helps overcome the “abstract” part of a 101 rejection. Put details into the claims to define the steps performed in the software and hardware …
By G. Michael Roebuck
5 months ago 30

LED Patent Invalid for Lack of Enabling Disclosure for All Claimed Permutations

Trustees of Boston University (“BU”) sued Everlight Electronics Co., Ltd., and others (collectively, “Everlight”) for infringement of U.S. Patent No. 5,686,738 (the “738 Patent”). The Federal Circuit reversed …

Understory Earns U.S. Patents for Weather Sensing Technology

Understory’s first patent covers the sensor device itself which consists of a stainless steel sphere sitting on top of a shaft, a configuration which one of …
By Steve Brachmann & Gene Quinn
6 months ago 3

House Energy Subcommittee Holds Hearing on Energy Storage for Improved Grid Reliability in Rural Communities and Renewables

The House Energy and Commerce Committee’s Subcommittee on Energy recently convened a hearing titled Powering America: The Role of Energy Storage in the Nation’s Electricity …
By Steve Brachmann
6 months ago 0

How Intellectual Property Informs the Investment in a Private Equity Transaction

Technology and intellectual property (IP) have become vital components to virtually every business in all industries as they often drive the value and efficiencies of a business …
By Shelley Thomas
6 months ago 0

Federal Circuit Affirms District Court’s Finding of Validity of Claims Directed to Aveed®

When relying on scientific guidelines to support an obviousness rationale, practitioners should offer evidence for why contradictory guidelines should be discounted. A claimed constituent is not “necessarily …

Software Licensing Disputes Are On the Rise

Software licensing disputes are on the increase, a trend that is being driven to a large degree by customers implementing new technologies without examining how this affects …

Expectation of Success – How Much is Reasonably Needed for Obviousness

How much is needed to reasonably prove obviousness? In UCB, the majority found UCB, Inc.’s asserted claim nonobvious under non-statutory double patenting.  The dissent, however, found …