Posts Archive


IPR Settlements: A pyrrhic victory for patent practitioners, a loss for patent owners

Howard further explained, however, that it is a mistake to think that characterizing IPR settlements as a "win" is the only way to look at it... In …

House IP subcommittee looks for further ways to curb patent trolls after TC Heartland decision

The day’s hearing focused on the patent troll narrative despite the lack of a substantive connection between that narrative and the TC Heartland case... Rep. Darrell …
By Steve Brachmann
7 days ago 26

How Artificial Intelligence is set to disrupt our legal framework for Intellectual Property rights

It's safe to say that most sectors will undergo significant disruption as a result of artificial intelligence (AI) technology. AI will not only disrupt our business models …
By Toby Bond
8 days ago 0

The Impact of Drake’s Fair Use Copyright Victory on Music Copyright Infringement

A few weeks ago, a New York federal judge ruled that Hip-Hop Artist Drake was protected by copyright’s fair use doctrine when he sampled a spoken-word …

Patentability: The Nonobviousness Requirement of 35 U.S.C. 103

The nonobviousness requirement is a critical element to patentability. In essence, even if the applicant can demonstrate patentable subject matter, utility and novelty, the patent will not …
By Gene Quinn
8 days ago 1

Emergy Labs Wins LES Foundation’s 2016-2017 International Business Plan Competition Grand Prize

The LES Foundation International Business Plan Competition, now in its 13th year, focuses uniquely on the intellectual property (IP) aspects of business strategy. For the first 11 years, …
By Renee C. Quinn
8 days ago 0

Use of ‘Means’ with term that Designates Structure Does Not Invoke § 112 ¶ 6

MindGeek and Playboy filed an IPR petition. The Board determined that § 112 ¶ 6 did not apply because “‘wireless device means’ is not purely functional language, but rather is language …

CAFC: Exclusive license must include provisions establishing minimum contacts for personal jurisdiction

In New World International v. Ford Global Techs, FGTL sued New World for patent infringement in Michigan. New World countersued in Texas, seeking a declaratory judgment that …

Federal Circuit Affirms Service Mark is Owned by Group, Not by Departing Group Member

In Lyons v. American College of Veterinary Sports Medicine the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“Board”) cancellation of Sheila Lyons’s registration …

Federal Circuit Affirms CBM Unpatentability Holding; Finding Estoppel Did Not Apply

In Credit Acceptance Corp. v. Westlake Servs. the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board (“Board”) in a Covered Business Method (“CBM”) …

SCOTUS says OK to give notice of commercial marketing before FDA license under Biologics Price Competition and Innovation Act

42 U.S.C. § 262(l) of the Biologics Price Competition and Innovation Act of 2009 (BPCIA) regulates “biosimilars,” biological products that are highly similar to FDA-approved biological products. Section 262(…

Capitulation Settlements in IPR are No Win for Patent Owners

Unified Patents challenges patents by filing inter partes review proceedings. They tout on their website that they are "the only entity that challenges bad patents and never …
By Gene Quinn
10 days ago 40

How and Why LinkedIn Learned to Love Patents

In 2012, LinkedIn found itself a potential target for corporate patent asserters. LinkedIn had revenue reaching nearly $1 billion, with growth of 86%, yet owned only 22 patents. However, this changed …

Waymo v. Uber: a Gordian Knot Gets Tighter

In the annals of U.S. innovators, there are many infamous disputes between technology companies from Shockley and Fairchild in semiconductors to Microsoft and Apple in operating …
By Derek Handova
10 days ago 2

Chinese solar farms make country a global leader in renewables despite world’s deadliest air quality

The Anhui solar farm is the world’s largest floating farm but its 40 MW capacity is much lower than other large photovoltaic power stations across the world. …
By Steve Brachmann
11 days ago 3