Posts Archive


Federal Circuit Review – Issue 59 – July 17, 2015

In this issue of the Federal Circuit Review: (1) Personal Jurisdiction Remains Unchanged - Federal Circuit Declines “Stream-of-Commerce” Theory; (2) Court Denies Fee Award Under Octane But Recognizes “Troll”…
2 months ago 0

Trademark Bullying: Defending Your Brand or Vexatious Business Tactics?

The USPTO defined the term Trademark Bullying as the vexatious practice of a trademark owner that uses its trademark rights to harass and intimidate another business beyond …
2 months ago 1

IBM recent R&D focuses on software solutions for healthcare, energy grid renewables

IBM is involved with the development of medical technologies for fields other than oncology, as is evidenced by the issue of U.S. Patent No. 9064306, which is …
2 months ago 0

Innovation Act delayed in House amid bipartisan bicameral disapproval

Members of both major American political parties from both the Senate and the House of Representatives came together at a press conference held on the afternoon of …
2 months ago 2

Is the patent system self correcting, or are we going too far?

Everybody has to be careful because you’re right if we undermine our patent system that is the only thing that allows America to remain strong competitively …
2 months ago 1

Five years later, the BP Deepwater Horizon oil spill inspires advances in oil spill cleanup tech

Nanotechnologies are proving to have a major impact on oil spill cleanup innovation in recent years. Researchers at Ohio State University have pioneered a type of mesh …
2 months ago 1

Behind the Scenes on Octane Fitness and Fee-Shifting

I think there was certainly a level of abuse prior to patent trolls from larger companies that weren’t scrupulous trying to sue smaller companies and using …
2 months ago 6

Bad News for the Redskins Trademark – Registration Exempt from First Amendment Scrutiny

Last Wednesday the Eastern District of Virginia issued its opinion and order on cross-motions for summary judgment in Pro-Football v. Blackhorse, the case in which the National …
2 months ago 1

The Problematical IPR Proceedings of the AIA: BRI, Reviewability, Constitutionality

In three related decisions (most recently including a denial of rehearing en banc by a badly divided 6-5 decision issued concurrently with reissuance of the earlier panel …
2 months ago 17

Kimble v. Marvel – Supreme Court quiets criticism of per se rule against post-patent royalties

The U.S. Supreme Court’s recent decision in Kimble v. Marvel Entertainment, LLC (2015) rejuvenates a 50-year-old rule that limits collecting patent royalties after a patent expires. …
2 months ago 7

Paternal Justice: A Bill Cosby Approach to Patents by the PTO

Bill Cosby quipped 'I brought you in this world, and I can take you out.' The Patent Office makes similar arguments in court defending inter partes …
2 months ago 24

Trends in Subject Matter Eligibility for Biotechnology Inventions

The USPTO continues to issue patents related to biotechnology and organic chemistry inventions despite the Supreme Court rulings and USPTO guidelines implementing the ruling related to the …
2 months ago 1