Posts Archive


Who will President Trump Nominate as the next Director of the Patent and Trademark Office?

Among the names under consideration is Randall Rader, the former Chief Judge of the United States Court of Appeals. But according to patent expert and noted commentator …
By Gene Quinn
9 days ago 17

Federal Circuit Affirms PTAB Decision on Obviousness, Judge Newman Dissents

The Court’s opinion stresses that in an obviousness analysis, it should consider “whether the improvement is more than the predictable use of prior art elements according …

CAFC: When Relying Common Sense There Must be Explicit and Clear Reasoning

The Board’s determination was “potentially lawful but insufficiently or inappropriately explained.” The finding of obviousness was vacated and the case was remanded for further proceedings... Obviousness …

CAFC Reverses on Indefiniteness Because Claim Terms Sufficiently Supported by Examples

The Court was careful to explain that its “holding in this case does not mean that the existence of examples in the written description will always render …

Federal Circuit Clarifies Injury in Fact Standing to Challenge Final Agency Decision in IPR

In appealing from a final IPR decision, the appellant must have standing, based on evidence of record or supplemental evidence showing an “injury in fact.” Alleged economic …

Munck Wilson Mandala Elects Kelly Chen and Jacob LaCombe as new 2017 Partners

Munck Wilson Mandala elected Kelly Chen and Jacob “Jake” LaCombe as new partners of the firm, effective Jan. 1, 2017. Chen is a member of MWM’s litigation section, …
By Press Releases
9 days ago 0

Rule 36: Unprecedented Abuse at the Federal Circuit

The principal manner in which the district courts are divining their guidance from the Federal Circuit is by review of the precise language of claims that court …
By Peter Harter & Gene Quinn
10 days ago 6

A Pre-Appeal Brief Conference is a Winning Strategy, Even if it Probably Won’t Lead to Allowance

After several articles and webinars discussing appeals outcomes at the USPTO, we have received numerous requests for Pre-Appeal Brief Conference data to explain how advantageous the program …

Could or should the USPTO adopt the EPO problem-and-solution approach for assessing obviousness?

There is a plausible case that the US law on obviousness is indeed compatible with the EPO problem-and-solution approach. It could even be said that the steps …
By Brian Cronin
10 days ago 13

Cowboys’ Prescott and Elliott in hunt for the Super Bowl and U.S. trademark registration

Not only are these two young men rising NFL stars who look as though they will have very promising careers; they’re also intellectual property owners. An …
By Steve Brachmann
10 days ago 0

Cisco v. Arista patent and copyright infringement cases see conflicting rulings at ITC, N.D. Cal.

A patent and copyright squabble involving two players in the networking space for information technology (IT) development, which has ramped up in recent years, saw an interesting …
By Steve Brachmann
10 days ago 0

The Future of Forum-Shopping in a Post-TC Heartland World

The Federal Circuit’s broad interpretation of the patent-venue statute has led to widespread forum-shopping with a disproportionate number of cases being filed in the Eastern District …
By Byron Pickard & Joseph Kim
11 days ago 1

Nokia, Apple drag the world back to patent war

Being targeted by PAEs is nothing new for Apple — but in an anti-trust complaint dated December 20, 2016, Apple finally said enough was enough. Pulling no punches, Apple accused …
By Purva Sharma
11 days ago 7

I hope Trump’s ‘America first’ will apply to inventors

I believe it’s not a good thing to be an inventor in the US and I hope that Trump’s “America first” will apply to inventors. …
By Jean Paul Castille
11 days ago 1

IP News: The Maiden Voyage of the USS IP Watchy McDogface

Without reneging on our commitment to in-depth coverage of the IP world, we wanted to add a new element to our coverage and today we’re introducing …
By Steve Brachmann & Gene Quinn
11 days ago 6