Posts Archive


Is the USPTO’s IPR Process Constitutional?

I represent MCM Portfolio LLC, which is seeking Supreme Court review of a recent decision of the United States Court of Appeals for the Federal Circuit upholding …
By Thomas Goldstein 4 days ago 38

A Legislative History of the Defend Trade Secrets Act of 2016

Legislative history is, of course, the compilation of the legislative process’ source documents—committee reports, hearing transcripts, bills and floor debate—to understand the Congressional intent behind …
By John Cannan 4 days ago 1

An Offer For Sale Under § 102(b) is Made When a Communication Creates a Power of Acceptance

The district court held that the patent was not invalid because those communications did not constitute an offer for sale that would trigger the on-sale bar. Watson …

Federal Circuit Affirms Doctrine of Equivalents Analysis Using Appropriate Hypothetical Claim

The Federal Circuit held that it is not the case that a patent must spell out a claim element’s function, way, and result, for the doctrine …

Patents For Self-referential Computer Database Are Not Categorically Unpatentable as Abstract

Where the claims are directed to an improvement to computer functionality, they are not abstract under the first step of Alice, and thus no step-two analysis is …

USPTO gives examiner guidance in light of Enfish v. Microsoft

Bahr tells examiners that based on the Federal Circuit ruling they "may determine that a claim direct to improvements in computer-related technology is not direct to an …
By Gene Quinn 5 days ago 44

Defeating Patent Trolls with Failure to Mark

Many defendants to patent troll suits have never heard of the patent owner or its patent(s), and will have never received notice of infringement until service …
By Damian R LaPlaca 5 days ago 14

The Attorney-Client Relationship Can Be Harmful to a Startup if Not Managed Correctly

Inside the business of patent law, small inventors are known as ''walking malpractice suits.'' Patent attorneys are taught to never give business advice. Instead, they merely …
By Russ Krajec 5 days ago 2

A look at treatments for hepatitis C, America’s top infectious disease killer

The FDA has been pretty active this year in approving new tests and treatments designed to help identify and eliminate the hepatitis C virus in patients. Swiss …
By Steve Brachmann 6 days ago 0

Groupon lawsuit calls IBM “a relic” but IBM R&D invests more than Groupon’s total revenues

Groupon’s complaint and spokespersons have been widely reported that labels IBM as a “dial-up dinosaur” and “a relic of once-great 20th Century technology firms” that is …
By Steve Brachmann 6 days ago 6

Are Genetically Modified Mosquitos the Answer to Ending Zika?

Health and government officials around the world are scrambling to find a way to prevent or cure the growing spread of the Zika virus. Could the introduction …
By Megan Ray Nichols 7 days ago 3

Pursuit of Extremely Short Patent Claims

Dear Patent Attorney, Please stop filing extremely short, overly broad patent claims. I recently conducted a study to measure the effectiveness of various prosecution strategies. The study …
By Eric Sutton 7 days ago 28

Diversion of USPTO user fees is a tax on innovation

User fees fund our patent system. The patent system turns ideas into assets. Those assets are used to secure financing and gain access to markets. Financing and …

Mount St. Helens sees increased seismic activity as anniversary of eruption nears

This year, May 18th will mark the 36th anniversary of the eruption of Mount St. Helens, an active stratovolcano situated in Washington State’s Skamania County and …
By Steve Brachmann 8 days ago 2

Teaching Points from the New USPTO Life Sciences Examples

On May 6, 2016, the U.S. Patent and Trademark Office released new life science examples on subject matter eligibility (Examples 28-32, consecutively numbered after the previously released USPTO …