Posts Archive


Can I hold on long enough until the madness stops?

If someone told me when starting my career in 1976 that I would discover a process that has been beyond the reach of professionals and experts for over 62 …
By Jeffrey Killian
8 days ago 31

PPAC Fee Hearing Discusses Proposed Increases to Late Payments, AIA Trial Fees

Lisa Jorgenson, executive director of the American Intellectual Property Law Association (AIPLA), asked the agency to better justify the increased surcharge for late maintenance fee payments as …
By Steve Brachmann
9 days ago 5

Managing international trademark portfolios in the Age of Globalization

Managing international trademark portfolios in the age of globalization can be a fickle endeavor.  Ecommerce has blown the top off traditional thinking as it relates not only …

Trademark Enforcement Campaign By Chicago Restaurant Aloha Poke Draws the Ire of Native Hawaiian Activists

In recent weeks, Chicago, IL-based Hawaiian cuisine chain Aloha Poke has become embroiled in a public relations nightmare over a trademark policing campaign which has created backlash …
By Steve Brachmann
9 days ago 0

Canary in a Coal Mine: Sovereign Measures to Shield Patents from PTAB Raise Great Concerns

Congress must remove any meaningful advantage from sovereign ownership of patents by revising USPTO post-grant procedures so outcomes are more aligned with adjudication in the federal courts. …
By Gene Quinn
9 days ago 37

Trademark Enforcement Implications of Europe’s General Data Protection Regulation (GDPR)

The WHOIS database provides technical information about the date of creation and expiration of a domain, as well as contact information for the registrant of a website, …
By Jennifer Theis
10 days ago 1

CAFC vacates Summary Judgment entered against Intellectual Ventures

On Tuesday, September 4th, the Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Ventures I LLC v. T-Mobile USA, Inc., et. al., …
By Steve Brachmann & Gene Quinn
10 days ago 0

Dissecting Dissents for Ex Parte Appeals

Dissent is not the highest form of judgment for judges on the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO).  …
By Eli Mazour & Sora Ko
10 days ago 8

Is Europe really (*still*) moving away from protecting platforms and internet intermediaries?

This time last year, the combination of the Commission's September 2017 Communication and the proposed Article 13 of the draft Copyright Directive led some to conclude that Europe was …
By Nick Aries
10 days ago 0

Capitol Hill Roundup

This week in Capitol Hill hearings, automated systems for providing railroad safety control, innovative Medicare initiatives and the Army Futures Command are discussed in the House of …
By Steve Brachmann
11 days ago 2

Job Opening: IPWatchdog.com seeks a Writer-Editor

IPWatchdog.com is seeking to hire a Writer-Editor. The Writer-Editor will research, write, edit, format and prepare articles for publication on IPWatchdog.com, as well as have …

PTAB Brass steps into IPR to decide Apple motion for sanctions

On August 22nd, an order was entered in the inter partes review (IPR) proceedings currently ongoing between between VoIP-Pal and Cupertino, CA-based consumer device giant Apple Inc. …

Facebook patent infringement suit against BlackBerry looks remarkably patent troll-like

Facebook is asserting a series of patents the company has acquired from other firms, making its actions similar to those of non-practicing entities (NPEs) and remarkably patent …
By Gene Quinn & Steve Brachmann
12 days ago 9

At Age 46, it’s Time to Retire Benson

contrary to popular notion, U.S. Patent No. 4,344,142 to James Diehr was not the first attempt to patent the idea of performing a real-time simulation of the …

Ninth Circuit finds no Copyright Infringement by Owner of Infringing IP Address

On appeal, the Ninth Circuit panel found that the district court had properly dismissed both the direct and the contributory infringement claims with prejudice. Although Cobbler Nevada …
By Steve Brachmann
13 days ago 0