Posts Archive


Patent Drafting: Define terms when drafting patent applications, be your own lexicographer

Being your own lexicographer means is that you who can define your invention using whatever terms you choose, and after attributing pretty much whatever meaning you want …
By Gene Quinn 2 months ago 0

What Impact Will Wearable Devices Have on the Healthcare Industry?

Technology integrated with health tools is a becoming a very popular trend within the healthcare industry and is increasingly being used on a more regular basis. Many …
By Megan Ray Nichols 2 months ago 1

Federal Circuit: Disparagement of Prior Art in the Specification Can Limit Claim Language

UltimatePointer argued that the district court improperly construed “handheld device” to require direct pointing, because there was no disavowal or lexicography in the specification to exclude indirect …

Remembering Ray Tomlinson, inventor of the first electronic messaging system for ARPANET

The list of living legends in the history of the development of the Internet sadly lost a member on Saturday, March 5th, with the passing of Ray …
By Steve Brachmann & Gene Quinn 2 months ago 3

Federal Circuit: Exclusive licensee with all substantial rights can sue without patent owner

Over the course of several amendments, Disney granted increasing rights to Candella, by which Disney specifically intended to give Candella standing to sue for patent infringement. The …

CAFC: Reference May Anticipate if it Inherently Teaches Claimed Combination of Elements

The Court affirmed the Board’s finding that one Figure and certain passages in the description of the reference disclosed a limited number of elements and suggested …

The AIA does not restrict judicial review of a final written decision

The AIA and its legislative history do not provide clear and convincing evidence that Congress intended ultra vires agency action by the PTO in holding claims unpatentable …

American innovation has been fueled by immigrant inventors

Without immigrants and the influx of knowledge brought by them to our country’s shores, American innovation and the overall economy would look nothing like it does …
By Steve Brachmann 2 months ago 2

An Awareness Crusade Against the Online Piracy of Books

According to the Association of American Publishers, the publishing industry as a whole has lost $80 to $100 million dollars to online piracy annually. From 2009 to 2013, the number of …
By Rhonda Rees 2 months ago 11

Will the Supreme Court consider a CAFC penchant for setting aside patent jury verdicts?

We along with several other attorneys represent ParkerVision, the plaintiff, which secured a $173 million infringement verdict that the courts subsequently threw out based on their own assessment …

Clean energy patent market may offer significant financial gains

With an increase in the number of patents being issued for clean energy technologies, it’s not surprising to see predictions of increased patent litigation in the …
By William Cory Spence 2 months ago 1

University research leads to breakthroughs in 3D printed organs

In the middle of February, the scientific journal Nature Biotechnology published a paper from a team of researchers at Wake Forest University which reported a breakthrough in …
By Steve Brachmann 2 months ago 0

California Dreaming: Mitt Romney and the Inter Partes Rebuke of Trump

Just when you thought the race for the White House couldn’t get any more unpredictable and bizarre, the 2012 Republican Nominee rebuked the current Republican frontrunner, Donald …
By Peter Harter & Gene Quinn 2 months ago 16

Chamber of Commerce index on IP environment shows U.S. leading the globe

The report noted key areas of strength for the American IP environment, including effective trade secret protection, commitment to international treaties, mechanisms for pharmaceutical-related patent and generally …
By Steve Brachmann 2 months ago 0

Patent Language Difficulties: Open Mouth, Insert Foot

Lately I have been in an “educational” mindset more than usual. Next week I will be in Chicago for another live PLI patent bar review course, I …
By Gene Quinn 2 months ago 2