Posts Archive

Ex Parte Yudoovsky: Petitions Are (Sometimes?) Unnecessary to Traverse Unauthorized New Grounds of Rejection on Appeal

The Board of Patent Appeals and Interferences did something fascinating in Ex Parte Yudoovsky. The Board sua sponte declined to consider an unauthorized new ground of rejection—…
By Kip Werking
4 years ago 2

DOJ: Patent Licenses Should Discharge in Bankruptcy

The dispute at issue here regarding Qimonda arose when the company went bankrupt and seven licensees invoked the protection of § 365(n) to retain patent rights. This became …
By Gene Quinn
4 years ago 8

Taking Directions from the Lost

The report ignores actual practice. Universities rarely have multiple companies fighting to license their inventions. They’re lucky to find one. The rule of thumb is that …
By Joseph Allen
4 years ago 8

PTAB Chief Smith and Vice-Chief Moore, Part III

Vice-Chief Judge Moore: "The statute requires that each of the judges have scientific ability.  It doesn’t actually require particularized training in any one individual specific area.  …
By Gene Quinn
4 years ago 3

Robotics: The Business Depends on More than Patents

In the late 1970s patents for devices which would accommodate the self-care and mobility needs of the aging and handicapped began to be filed. But it wasn’…
By Jane Genova
4 years ago 0

Apple Seeks Patent for GUI to Help Users with Special Needs

Each week, the U.S. Patent and Trademark Office publishes patent applications, and computer and electronics developer Apple Inc. always has at least a few published patent …
By Steve Brachmann
4 years ago 1

Post-eBay Economic Standards for Assessing Irreparable Harm

One of the factors considers the presence of irreparable injury, which is harm not quantifiable or remediable as money damages. For the factor to be satisfied - …
By Stevan Porter
4 years ago 0

Business Method Patents and the Equitable Standard for Granting Permanent Injunctions: The eBay Case*

The concurring opinion of Justice Kennedy is even more unfortunate. Like Chief Justice Roberts, while agreeing with Justice Thomas’ holding that the traditional “four-factor” test applied to …
By Eric Guttag
4 years ago 4

USPTO Seeks Comment on Software Patent Quality

The Patent Office says that each roundtable event will provide a forum for an informal and interactive discussion of topics relating to patents that are particularly relevant …
By Gene Quinn
4 years ago 14

Google Agrees to Change Its Business Practices to Resolve FTC Competition Concerns on Standard Essential Patents

Under a settlement reached with the FTC, Google will meet its prior commitments to allow competitors access – on fair, reasonable, and non-discriminatory terms – to patents on critical …

An IPWatchdog Year in Review: Looking Back at 2012

Although we have not been officially notified by the ABA, the vote totals are now viewable on the ABA Journal Blawg 100 page and it seems that we …
By Gene Quinn
4 years ago 2

(Numbers) and IP Licensing Agreements

Now, for those of you paying attention, you will notice that the spelled out numbers do not match the digits appearing in parentheticals. Why do attorneys do …
By Raymond Millien
4 years ago 2

PTAB Chief Smith and Vice-Chief Moore, Part II

Chief Judge Smith: "The unique thing about the job particularly right now - and I think this is true for my job and the Vice Chief Judge …
By Gene Quinn
4 years ago 1

PatentCore Joins Forces with LexisNexis® on PatentAdvisor™

Reed Technology and Information Services Inc., a part of the LexisNexis® family and a provider of content management services, announced earlier today that it has joined forces …
By Gene Quinn
4 years ago 0

USPTO and EPO Announce Launch of Cooperative Patent Classification System

An ambitious harmonization effort, CPC is the product of a joint partnership between the USPTO and the EPO to develop a common, internationally compatible classification system for …
By U.S.P.T.O.
4 years ago 0