Posts Archive


District Court Applies New Supreme Court Product Design Standard to Light Bulbs

My intuition is that the judge came to the correct conclusion, but that the Supreme Court test ultimately did little to guide her thinking.  As I mentioned …
By Lee Burgunder
5 days ago 0

Allergan’s patent transaction with St. Regis Mohawks could presage more arbitrage patent transactions

News of the St. Regis patent transaction has sparked interest in others pursuing similar arbitrage arrangements that provide revenue streams to Native American tribes outside of gambling …
By Steve Brachmann
6 days ago 1

Here’s why the Equifax lawsuit could have far-reaching consequences

To get the case off the ground, the court will decide whether Equifax can be sued in the first place – it's tricky, because different federal circuits disagree …
By Tristan Sherliker
6 days ago 0

Are You at Risk of Being De-Equitized? Is It Time to Look for Option B?

Law firm partners are no longer safe in their positions once they attain equity partnership.   That security is a thing of the past.   If you are a …
By Bernard Knight
6 days ago 2

Matthew L. Fedowitz Joins Buchanan Ingersoll & Rooney

Buchanan Ingersoll & Rooney announces that Matthew L. Fedowitz has joined the firm’s Intellectual Property section as a shareholder in the firm’s Alexandria office. Fedowitz focuses …
By Press Releases
6 days ago 0

Raid on Gibraltar: How the U.S. Patent System was Rigged Against Independent Inventors

The numbers are stark. As recently as 1990, individual inventors were granted 17 percent of all patents. By 2000, they received 12 percent and only 6.8 percent in 2010. In 2015, individual inventors were …
By Pat Choate & Joan Maginnis
7 days ago 26

Patent battle over generic Inomax leaves five Mallinckrodt patents invalid as naturally occurring phenomenon

A memorandum signed by Judge Sleet shows that Mallinckrodt’s patents were invalidated under the Section 101 patentability standard set by the U.S. Supreme Court in 2012’s …
By Steve Brachmann
7 days ago 4

Federal Circuit Upholds the Board’s Invalidation of Southwire Patent

The Court found that the Board did not provide an adequate explanation for finding that the “30%” limitation was inherent in the reference, as a predicate for its …

Five Years after the AIA Created the PTAB

I want to believe Congress ultimately sought to strengthen the U.S. patent system with the AIA by providing a mechanism to more easily remove a small …
By Russell Slifer
8 days ago 14

Advice for Young Inventors

Inventing success for young inventors comes when they are passionate, inspired and dedicated, which is not unlike success in all areas of life... While passion is required, …
By Gene Quinn
8 days ago 0

Executives for America’s tech giants refuse to come to Congress to testify on net neutrality

The Facebooks, Googles and Netflixes of the world, edge providers that provide Internet services via websites but not an Internet connection like ISPs offer, have every reason …
By Steve Brachmann
8 days ago 2

The PTAB’s dramatic effect on patent value and corresponding disincentives to capital allocation

Whether one celebrates or decries the PTAB, there can be little doubt that it has worked a profound effect on the value of American patents—and, concomitantly, …
By Ashley Keller
9 days ago 28

The failed PTAB experiment has been a colossal mistake

The five year experiment of the Patent Trial and Appeal Board (PTAB) is a colossal mistake. It is a failure to inventors, startups, early stage investors, job …
By Paul Morinville
9 days ago 16

Federal Circuit Reverses and Remands Dismissal of Direct and Indirect Infringement Claims

A party need not prove its infringement case with detailed facts at the pleadings stage. For direct infringement, it is sufficient to identify where the alleged infringement …

Federal Circuit says Secondary Considerations Not Part of Prima Facie Obviousness Analysis

Objective indicia must be evaluated before drawing an ultimate conclusion on obviousness, but are not necessarily part of a prima facie “motivation-to-combine” analysis. To prove inequitable conduct …