Posts Archive


Federal Circuit demonstrates that even when you win at IPR you can still lose

In a rare IPR affirming patentability, the Patent Trial and Appeal Board (the “Board”) found claims of US Patent No. 6,945,013 to be patentable that were directed to …
By John M. Rogitz
9 days ago 1

Seven Hallmarks of a Rational Global Patent Strategy

Faced with ever-shrinking budgets and mounting pressure from the C-suite to demonstrate intellectual property (IP) value, many enterprises have jettisoned a once-prevailing global patent strategy: “File anywhere …
By Carlo Cotrone
9 days ago 0

Steven Cherny Joins Quinn Emanuel’s New York Office

Quinn Emanuel Urquhart & Sullivan, LLP is pleased to announce that Steven Cherny has joined the firm as a partner based in the firm’s New York office. …
By Press Releases
9 days ago 0

En Banc Federal Circuit Dodges PTAB Constitutionality

Patlex, which dealt with reexamination of applications by an examiner — not by an Article I tribunal — could be considered a next step beyond McCormick. MCM, however, simply …
By Gene Quinn
10 days ago 38

Innography report pegs Salesforce.com, Tesla as top innovative firms

This list of top innovators put together by Forbes has been further refined by intellectual property analytics firm Innography to take a more objective, data-based approach in …
By Steve Brachmann
10 days ago 3

Michael Twomey joins Wolf Greenfield Biotechnology Group

Wolf Greenfield announced that Michael J. Twomey has joined the firm as a shareholder. A skilled counselor to biotechnology and life sciences companies, Michael brings extensive experience …
By Press Releases
10 days ago 0

The Benefits of a Provisional Patent Application

There is a great misunderstanding among many inventors and entrepreneurs regarding what many simply refer to as a provisional patent. The first thing that needs to be …
By Gene Quinn
11 days ago 6

Reflections on the one-year anniversary of India’s IPR policy

As we reflect on the one-year anniversary of India’s IPR policy, it is fitting that Indian government leaders are focused on job creation... Ultimately, though, India …
By Patrick Kilbride
12 days ago 0

A Joint Stipulation of Dismissal Does Not Trigger Reexamination Estoppel Under Pre-AIA Section 317(b)

Appellant Affinity Labs of Texas, LLC (“Affinity”) appealed from the inter partes reexamination of its patent filed by Apple Inc. (“Apple”). Apple requested reexamination after Affinity asserted …

Affinity Labs of Texas Loses Reexamination Appeal; Reexamination Estoppel Does Not Apply

The Federal Circuit affirmed a Patent Trial and Appeal Board (“Board”) decision to uphold the unpatentability of several claims of a patent owned by Affinity Labs of …

Famous hotel brand RITZ successful in invalidating RITZ MARCHE in Japan

In the assessment of similarity, the Board considered a term “MARCHE” to be less distinctive or inherently descriptive in connection with “retail services or wholesale services for …
By Masaki Mikami
12 days ago 0

Through the Looking Glass: Recent Federal Circuit Decisions Do Not Change the Need for Action on Alice

The few CAFC cases (since Alice) that have found inventions to be subject matter eligible is certainly a welcome development. These cases indicate that the CAFC does …
By Manny Schecter
13 days ago 4

I Dissent: The Federal Circuit’s ‘Great Dissenter,’ Her Influence on the Patent Dialogue, and Why It Matters

Today, Judge Newman is the Federal Circuit’s most prolific dissenter, and her dissents are important. Former Chief Judge Paul Michel noted that “Judge Newman may hold …
By Professor Daryl Lim
13 days ago 11

Tesla battery patents further proof of Elon Musk’s duplicitous views on patents

Like so many other critics of the patent system, Musk seems to despise all patents except for his own. Of course, Musk never said he avoids patents …
By Steve Brachmann
13 days ago 22

Patents as property rights: What will it take to restore sanity to the narrative surrounding US patents?

Former Cisco CTO, Charles Henery Giancarlo, explained that it was understood that individuals would not be able to manufacture and would need to license their rights to …