Posts Archive


Predicting Oil States in Advance of SCOTUS Oral Arguments

The United States Supreme Court will hear oral arguments in Oil States v. Greene's Energy Group on Monday, November 27, 2017. This case will give the Supreme Court its …
By Gene Quinn
6 days ago 39

When Big Brother Comes Marching In: Patent Challenges on Entrepreneurial Campuses

Bayh-Dole has recently come under attack, as some are trying to highjack certain provisions to be used as a cost control measure for novel therapeutics as the …

The Art of Dealing with Uncertainty

Do you sometimes feel unsure of yourself when speaking to a client or making a presentation?   Anyone who answered no is not being honest.   We all feel …
By Bernard Knight
6 days ago 0

Turning Your Patent into a Business: A Practical Guide to Equity Crowdfunding

Once your patent has been awarded you may still need additional capital to turn that patent into a business. Fortunately it is not as difficult to find …

Did the Federal Circuit doom Amgen’s Enbrel® monopoly?

In the case, Amgen v. Sanofi, the Court vacated an injunction Amgen obtained against a competing drug to its new PCSK9-inhibitor.  The Court’s decision turned …
By Zachary Silbersher
8 days ago 1

Surviving Alice: Sufficient Inventive Concept Must be in Claim, Not Specification

In Two-Way Media Ltd v. Comcast Cable Communs., LLC, (Opinion for the court, Reyna, J.), the Federal Circuit affirmed a district court decision finding four patents owned …

Federal Circuit: Less Preferred Alternative is not Teaching Away

In an obviousness inquiry, material prior art references disclosing combinations of claimed limitations cannot be disregarded based on a drug product’s commercial viability or FDA approval. …

House Judiciary Chair Bob Goodlatte Announces Retirement

Earlier today Congressman Bob Goodlatte (R-VA), who has been Chair of the House Judiciary Committee and a strong proponent for patent reform, announced that he would be …
By Gene Quinn
9 days ago 7

Smart Systems decision a sad reminder of deleterious state of U.S. patent eligibility law

The Federal Circuit evidences a great deal of myopia to declare that these patents are not directed to a technological advance, even if they can string together …

Where is the value and opportunity in the patent industry?

Where is there currently value and opportunity in the patent industry? That is the question I asked a panel of experts recently. Not surprisingly, several of the …
By Gene Quinn
9 days ago 1

Avoiding drug development clinical trials from being an invalidating public use

The legal principles set out above, while seemingly straight-forward enough, leave ample room for case-specific interpretation and application when it comes to the question of whether the …
By Theodore Chiacchio
10 days ago 4

Why SAS Institute Matters More Than Oil States

Oil States Energy Services LLC v. Greene’s Energy Group, LLC, now scheduled for oral argument before the Supreme Court on November 27, is clearly receiving all the …
By David Thibodeau
10 days ago 11

Federal Circuit affirms PTAB invalidation of Uniloc patent which wasn’t invalid in 65 district court cases

The Uniloc patent invalidated by the PTAB in this case is U.S. Patent No. 5490216, titled System for Software Registration and issued in February 1996. It claims a …
By Steve Brachmann
10 days ago 9

Judge Pauline Newman, Don Dunner Headline John Marshall Law School IP Law Conference

Scott Kieff: "My biggest take from today's sessions, was to hear from Don Dunner and Judge Newman and others about that great ideas that we could all …
By Renee C. Quinn
11 days ago 2

BRI and how it increases an obviousness determination

Owens Corning v. Fast Felt (Fed. Cir. 2017) illustrates an example of how the broadest reasonable interpretation (BRI) standard increases the chances that an obviousness argument could successfully …
By James Yang
11 days ago 1