Posts Archive

Do you have Technology to block Robocalls? The FTC & FCC Want You!

The Federal Trade Commission and the Federal Communications Commission want you — at least if you are an innovator with a solution for preventing illegal Robocalls. On April 23, …
By Gene Quinn
10 days ago 16

Latest European Patent Office (EPO) Annual Report Shows Continued Growth of U.S. Patent Applications in Europe

The European Patent Office announced that U.S. companies and inventors filed 5.8% more patent applications at the European Patent Office (EPO) in 2017 than in the previous year. …
By Press Releases
10 days ago 2

A Google Opponent Actually Wins an IPR Battle with the Tech Giant

On February 22, 2018, the U.S. Court of Appeals for the Federal Circuit issued a non-precedential decision in Google, LLC v. At Home Bondholders’ Liquidating Trust (2016-2727, 2016-2729). …
By John M. Rogitz
10 days ago 0

PTAB Judges Shockingly Inexperienced Compared to District Court Judges

This study uncovered several shocking revelations. First, 12.64% of PTAB judges were appointed with less than 5 years of experience prior to their appointment as APJs (i.e., 5 years …
By Gene Quinn
11 days ago 63

Law Professor Notes PTAB’s Decision on Sovereign Immunity Goes Well Beyond the Constitution

As Sherkow’s Twitter critique notes, however, this hesitation to extend sovereign immunity to tribes in proceedings at the PTAB without precedent for doing so presumes that …
By Steve Brachmann
11 days ago 8

Olympics and Intellectual Property: What Brands Need to Know

“The purpose of Rule 40 is to prevent over-commercialization of the games and to protect the exclusivity of the official sponsors, who spend many millions of dollars to …
By Amanda G. Ciccatelli
11 days ago 0

The Founders’ Decision to Foster NPEs and Patent Licensing

The founding fathers intentionally created a patent system affordable by the masses, and which was approachable and far less administratively complex. As imperative as that was for …
By David Kline
12 days ago 3

PTAB is Bogged Down by Eligibility Appeals

The low allowance rates and nearly blanket eligibility-rejection issuance in the business-method art units is not without consequence. Beyond disincentivizing innovation, the examination of business-method applications is …
By Samuel Hayim & Kate Gaudry
12 days ago 17

The Real Genius of the Founders: Making America’s Patent Fees Affordable

The original patent law passed by Congress on April 10, 1790 deliberately set patent fees to a level any ordinary citizen could afford — initially $3.70, but three years later raised …
By David Kline
13 days ago 6

The Petri Dish Effect will keep Technology in China for Generations

Wealth in Silicon Valley created and then funded more startups, and the cycle continued. It was like a petri dish, only with a multiplication of startups instead …
By Paul Morinville
13 days ago 6

Craft Beer vs. Big Beer Trademark Suit May Test 9th Circuit’s ‘Irreparable Harm’ Standard

A resounding en garde was declared by California craft beer brand Stone to MillerCoors, the second largest beer company in the United States, over the alleged taking …
By Cliff Kuehn
13 days ago 1

Does an Uncertain Patentability Climate Explain the Stormy Environment for IPOs?

If Snap cannot protect its ability to differentiate its platform, how is it going to compete with a rival that has more resources and a larger base …
By Steve Brachmann
14 days ago 1

Prosecution Disclaimer 101: Argument relied upon by examiner results in prosecution disclaimer

The PTAB found the claims in question obvious for two reasons. First, in its primary ruling the PTAB held that there was no prosecution disclaimer, finding the "…
By Gene Quinn
15 days ago 2

Esports Sponsorship Agreements: What to Look Out For

Esports is a truly global phenomenon, with some analysts estimating worldwide viewership at approximately 300 million, potentially rising to 500 million by 2020. With so many eyeballs on esports – and …
By Will Deller
15 days ago 0

Facilitating ‘fake news’ through legitimate website prohibited by court in the Netherlands

In a remarkable judgment of 10 January 2018 a court in the Netherlands ordered a hosting provider to make a legitimate website permanently inaccessible because it was “part of …
By Jacqueline Schaap
15 days ago 0