Posts Archive


Brexit from an IP Law point of view

The UK is the fifth largest economy in the world, so I have little doubt that companies would pay solid money to protect their interest in that …
By Cal Evans
1 month ago 14

Other Barks for Wednesday, March 15th, 2017

A well-known patent monetization firm jumps back into the brokered patent market in 2016’s fourth quarter. A federal judge in New York allows arguments over whether American …
By Steve Brachmann
1 month ago 0

PTAB ends Kyle Bass IPRs targeting Acorda patents on Ampyra MS treatment with no findings of obviousness

A panel of administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) issued a final written decision ending a series of inter partes review (…
By Steve Brachmann
1 month ago 2

The Federal Circuit should never use Rule 36 if a patent claim is invalidated

What happens if a patent owner who suffered that Rule 36 summary loss to Google at the Federal Circuit were to decide to sue another party – perhaps Apple – …
By Gene Quinn & Peter Harter
1 month ago 8

The coupling of § 101 and § 112, and what it means for patent practitioners

A recent opinion by the Federal Circuit suggests that there will be considerable uncertainty about the respective boundaries of §§ 101 and 112 in the years ahead. In Trading Technologies …

Broadcom files patent suits against LG, Vizio, others over smart TVs, video processing semiconductors

Broadcom Ltd. filed a series of six lawsuits in the U.S. District Court for the Central District of California alleging the infringement of a series of …
By Steve Brachmann
1 month ago 0

Sections 101 and 112: Eligibility, Patentability, or Somewhere in Between?

Sections 101 and 112 provide their own separate limitations to the scope of patent protection in ways that are sometimes complimentary and sometimes contradictory... Inventors are motivated to maximize …

The To DO List for the Unitary Patent Package

The sunrise period for opting out traditional European patents is planned to start on 1 September 2017. Since such opt-outs will now be done electronically through the UPC case …
By Wouter Pors
1 month ago 1

AIA has not significantly altered patent litigation totals according to recent Lex Machina report

The fact that 36.7 percent of all patent cases filed in E.D. Tex. seems to be an exceptionally high degree of concentration in case filings, but the …
By Steve Brachmann
1 month ago 19

The FDA process, patents and market exclusivity

A patent is not the only path to exclusivity. In fact, the FDA characterizes patents and "exclusivity" separately. "Exclusivity" refers to exclusive marketing rights granted by the …

ITC: Licensee Investments May Satisfy Domestic Industry Requirement

Judge McNamara explained that domestic industry is not limited to the activities of the patentee and may be satisfied based on a licensee’s activities alone... Judge …
By Dr. Eric Becker
1 month ago 0

Husch Blackwell has an immediate opening for a Chemical Patent Agent

Husch Blackwell LLP, a full-service law firm with 19 offices across the U.S. and in London, has an immediate opening for a Chemical Patent Agent in our …

Nominations Sought for National Medal of Technology and Innovation

The United States Patent and Trademark Office (USPTO) is seeking nominations for the 2017 National Medal of Technology and Innovation. The medal is presented each year by the …
By Press Releases
1 month ago 0

Do You Need a Patent?

In simple terms: a patent is a grant of rights by the government, for a limited time, that can be used to stop others from making, using, …
By Rich Goldstein
2 months ago 5

UK Digital Strategy initiatives in AI, robotics underscore lagging U.S. development caused by patent ineligibility of software

The absurd way in which important players in the U.S. patent system view the patentability of software innovations will undoubtedly harm our country’s chances of …
By Steve Brachmann
2 months ago 0