Posts Archive


Free Webinar: Federal Circuit Trends in a Post-Alice World

Over the last several months certain new trends are developing at the Federal Circuit as the court pivots to address the new reality of a much more …
By Gene Quinn
8 days ago 0

Provisional Patent Applications the Right Way, the Wal-Mart Way

If serial provisional patent applications seems like a good strategy for Wal-Mart, which is one of the largest corporations in the world, and if serial provisional patent …
By Gene Quinn
8 days ago 4

Facebook news feed promotes fake news, creates misleading expectations in readers

It is possible that the fake news topics in Trending News issue may get fixed for Facebook in the future; after all, algorithms tend to improve with …
By Steve Brachmann
9 days ago 0

Happy Birthday AIA: Celebrating an Unmitigated Disaster and the Destruction of American Innovation

All of the post grant challenges ushered in by the America Invents Act (AIA) were a bad idea. They never should have been created in the first …
By Gene Quinn
10 days ago 18

Jury’s Willfulness Determination Affirmed Under Modified In re Seagate Standard

Stryker Corporation was awarded $70 million in lost profits after a jury found that Stryker’s patents were valid and willfully infringed by Zimmer. The district court affirmed …

Federal Circuit Affirms Disqualification of Counsel, Dismissal of Complaint Based on Confidential Information

Schlumberger raised Rutherford’s potential conflict of interest to the court in April 2014, and subsequently filed a motion to disqualify Dynamic’s counsel. The district court found …

UN Secretary General’s Panel on Access to Medicines Reports: Government Knows Best

Delayed for months beyond its expected issue date the Secretary General's High Level Panel on Access to Medicine's report emerged yesterday. Apparently the panelists scrambled to better …
By Joseph Allen
11 days ago 4

The America Invents Act on Its Fifth Anniversary: A Promise Thus Far Only Partially Fulfilled

Unfortunately, Mr. President, after five years I cannot report back that the AIA has yet ”improve[d] patent quality and help[ed] give entrepreneurs the protection and …
By Phil Johnson
11 days ago 3

Autonomous Vehicles to Include Self-Driving Shopping Carts?

According to the patent application filed by Walmart, the system will utilize a series of docking stations, sensors, motors and cameras to offer consumers the ability to "…
By Renee Quinn
11 days ago 0

More software patent eligible, Federal Circuit says lip synchronization not abstract

It is hard to ignore the fact that the Federal Circuit again continued to point out that the innovation at issued was an improvement. This should give …
By Gene Quinn
11 days ago 29

House Judiciary subcommittee questions Lee on preventing time and attendance abuse at USPTO

“My team and I do not tolerate time and attendance abuse,” Lee told the subcommittee. While she did note that the USPTO had taken disciplinary actions against …
By Steve Brachmann
11 days ago 15

The AIA’s First-to-File Transition SHOULD have Resulted in More Provisional Filings

To investigate whether applicants have been adopting a strategy of filing more provisional applications, we determined a ratio of the number of provisional filings (with a first-named …

Anticipating Expansion of Intervening Disclosures Under the AIA

Although what qualifies as art under the AIA can be distilled to disclosures before a patent application, both pre-AIA and AIA created exceptions for intervening disclosures in …
By Keith Fredlake
12 days ago 0

How the Patent Trial and Appeal Board Harms Inventors

PTAB procedures have rendered worthless around 90% of the patents they see by either invalidating the patent altogether or invalidating the most critical claims. The infringer lobby and …
By Paul Morinville
13 days ago 26

Square fights off Alice rejection on payment transfer patent proving financial patents are not dead

U.S. Patent No. 9378491, entitled Payment Transfer by Sending E-mail. This discloses a computer-implemented method which enables the seamless initiation of a payment transfer through e-mail from …
By Steve Brachmann
13 days ago 1