Posts Archive


IP litigation report shows downward trends in patent, file sharing copyright and IPR cases

One aspect of the recent Lex Machina report that should jump out to anyone who has closely followed the patent litigation sector over the past few years …
By Steve Brachmann 8 days ago 1

Supreme Court hears oral arguments in Cuozzo Speed Technologies v. Lee

Perhaps the best question of the entire oral argument was asked by Chief Justice Roberts: “So why ­­should we be so wedded to the way they do …
By Gene Quinn 9 days ago 29

Patent Value and Changing Metrics – Time to Believe in Our Product

The reason it matters as to whether we patent folks can speak non-patent speak is that those who make the decisions about patent value, i.e., corporate …
By John White 9 days ago 3

Contract considerations for an international license agreement

As the world continues to grow and international trade on a multi-continent level has become the norm, protecting a company’s name is one of the most …
By Cal Evans 9 days ago 0

Predicting Cuozzo in Advance of SCOTUS Oral Arguments

While I would never go into business handicapping the outcome of SCOTUS deliberations, I do have an opinion about what they should do in this case, at …
By Gene Quinn 10 days ago 4

Cuozzo at the Supreme Court – Determining the Future Value of Inter Partes Reviews at the Patent Office

If the Supreme Court’s recent track record in patent cases is a guide to the potential outcome in this case, it seems quite likely that the …
By Bart Eppenauer 10 days ago 2

Zuckerberg unveils 10-year plan for video, VR and global Internet connectivity at F8 conference

A keynote speech delivered on the first day of F8 by Facebook CEO Mark Zuckerberg along with other company executives laid out a 10 year road map for …
By Steve Brachmann 11 days ago 0

USPTO to Host Patent Quality Community Symposium

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will host a Patent Quality Community Symposium on Wednesday, April 27, 2016 at USPTO’s …
By U.S.P.T.O. 11 days ago 0

District court must consider whether functional elements contributed to ornamentation of design

The Court held that the district court must review the design disclosed in the patent as a whole, and consider whether functional elements contributed to the ornamentation …

Federal Circuit Affirms Obviousness Based on Evidence from Reexamination

The Court affirmed the obviousness rejection, noting that even under the proper claim construction, substantial evidence supported the Board’s factual findings underlying its obviousness determination. The …

Eagle Harbor Holdings to sell second-largest portfolio of U.S. patents related to autonomous cars

Eagle Harbor Holdings (EHH) had amassed the second-largest portfolio of patents related to self-driving and autonomous cars, only trailing high tech developer Google in that field. Eagle …
By Steve Brachmann 12 days ago 0

What should we do about Alice?

Showing a bowl of spaghetti on one of his first few PowerPoint slides set the tone. The law as it applies to software patent eligibility is a …
By Gene Quinn 13 days ago 24

After Alice: Is New Legislation Needed? Before Alice: Was there a Precedent?

the Courts have found it difficult to use the Mayo two-part test in the examination of a patent’s validity thus creating great uncertainty... One should not …
By Martin Goetz 13 days ago 7

Looking at text blockers and textalyzers during Distracted Driving Awareness Month

April is Distracted Driving Awareness Month and many organizations are gearing up their pitch for greater safety on the roads by avoiding the need to text or …
By Steve Brachmann 13 days ago 0

Why the FTC study on PAEs is destined to produce incomplete and inaccurate results

First, the definition of PAE used by the FTC characterizes all PAEs as the same. But in treating patent licensing firms as a homogenous category, the FTC …
By Kristen Osenga 14 days ago 6