Posts Archive

Disclaimers of Claim Scope Viewed in Context of the Entire Prosecution History

The Federal Circuit agreed with the district court that this evidence did not demonstrate a “clear and unmistakable” disclaimer in claim scope. The Court emphasized that disavowals …

Federal Circuit Clarifies Patent Eligibility Under McRO and Enfish

Using new or improved rules applied by a computer may be patent-eligible, and improving the operation of the computer itself may be patent-eligible, but using a computer …

The FTC’s PAE Study: Doing More Harm Than Good

Basing policy recommendations on no evidence, or at best anecdotal evidence, has great potential to do more harm than good…especially when some of the missing evidence …
By Kristen Osenga
4 days ago 1

2d Cir. affirms S.D.N.Y. decision in Barnes & Noble copyright case, cloud-based services questions

In early October, the U.S. Court of Appeals for the Second Circuit (2d Cir.) handed down a decision, which almost answered important questions about how cloud-based …
By Steve Brachmann
4 days ago 0

Despite the FTC headlines, the patent system is not working for a large population of patentees

Despite the headlines, most infringement is small infringement. The FTC report ignores three important sea changes in the patent ecosystem that should, if anything, obliterate the use …

RIAA, UK recording industry groups file copyright suit against YouTube-mp3

The plaintiffs allege that defendants YouTube-mp3 and its owner/operater, German citizen Philip Matesanz, facilitate the infringement of copyrighted sound recordings by offering a service that “rapidly …
By Steve Brachmann
5 days ago 1

Why should litigation costs of the infringer be relevant to determine if a license is fair or just a nuisance?

Why should the costs of the tortfeasing infringer be relevant in determining whether the extracted value from a settlement is fair? The fact that law firms charge …
By Gene Quinn
6 days ago 29

FDA rules updated on patent information, paragraph IV certifications for ANDAs and 505(b)(2) applications

On Thursday, October 6th, the U.S. Food and Drug Administration (FDA) published a 79-page notice in the Federal Register regarding new rules surrounding Abbreviated New Drug …
By Steve Brachmann
6 days ago 0

Plain confectionery packaging a heavy-handed response to health concerns

Legislating for tobacco-style plain packages for confectionery is a disproportionate response to the obesity crisis and strips companies of valuable trademarks, writes the Institute of Economic Affairs' …
By Christopher Snowdon
6 days ago 5

Lex Machina IP litigation report for Q3 2016 reflects a downward trend in patent, trademark suits

The report indicates that IP litigation in U.S. district courts is declining across the board. During 2016’s third quarter, U.S. district courts received a total …
By Steve Brachmann
7 days ago 0

Softbank Buys ARM to Focus IoT – But The Patents May Be Missing In This Deal!

Softbank’s acquisition of ARM Holdings is widely known and several blogs and articles have tried to explain the business background of the huge deal. Just following …
By John Sullivan
7 days ago 0

Common sense by design: Form, function and the way forward as charted by the Supreme Court

The Supreme Court need not wait for Congress to act. This is a case of first impression in interpreting the provision. Guided by its own law on …
By Professor Daryl Lim
7 days ago 4

MONKEYmedia patent suit against movie studio defendants continues after settlements with Apple, Sony

The suit filed by MONKEYmedia identified Apple software products as allegedly infringing upon the patents-in-suit... Six years of litigation later and on September 6th, 2016, an order of …
By Steve Brachmann
7 days ago 0

If patent laws were correctly calibrated to spur innovation the efficient infringer would pay

Ashley Keller: "However, when you do infringe a patent, even if it was efficient for you to do so, the upshot should be you have to pay. …
By Gene Quinn
8 days ago 9

FREE WEBINAR: Samsung v. Apple: Is a single patent infringement worth all the profit?

On Thursday, October 20, 2016, from 2pm to 3pm ET, Gene Quinn will host a free webinar discussion that will explore the genesis of the patent battle between Apple …
By Gene Quinn
8 days ago 0