Posts Archive


Supreme Court of the United States to Hear Oral Arguments in Patent Exhaustion Case

On March 21, 2017, the Supreme Court of the United States will hear oral arguments for the case of Impression Products, Inc. v. Lexmark International, Inc. The Court will …

Alphabet’s Waymo files patent and trade secret lawsuit against Uber

Waymo’s suit includes counts of infringement for each of the four patents asserted in the case. The suit also includes counts for violations of the Defend …
By Steve Brachmann
11 days ago 14

Evolution of Non-Volatile Memory: Eli Harari’s system level floating EEPROM revolutionized solid-state memory

A recent market research report from consulting firm MarketsandMarkets predicts that the global market for all forms of non-volatile memory, including flash, embedded and many other forms …
By Steve Brachmann
12 days ago 0

Teaching Away Requires Discouragement or Implying the Combination Would Not Work

Michael Meiresonne (“Meiresonne”) appealed from the final inter partes review (“IPR”) decision of the U.S. Patent Trial and Appeal Board (“Board”). The Board held that certain …

How tech’s ruling class stifles innovation with efficient infringement

Efficient infringement causes distress and agony for innovators struggling to survive,, and widespread efficient infringement absolutely stifles innovation... Innovators today patent their technologies in the hopes of …
By Steve Brachmann
13 days ago 95

Sprint Still on the Hook to Comcast for $7.5 Million

The Federal Circuit affirmed a jury award of $7.5 million for Sprint’s infringement of three Comcast patents. The district court did not error in construing the challenged …

Federal Circuit reverses PTAB anticipation holding because not every element present in prior art

The PTAB held that anticipation can be found even when a prior art reference does not disclose each and every claim element as long as one of …
By Gene Quinn
14 days ago 8

Time to Quiet Title for Patents: Fixing the PTAB by Recognizing Patents are Property

While there are many fixes that need to happen to bring about even a modicum of fairness and justice to the PTAB processes, the most important fix …
By Gene Quinn
14 days ago 40

UFRF’s win on Eleventh Amendment at PTAB creates IPR immunity for public universities

Each of the Covidien IPRs challenged the validity of a single patent owned by the University of Florida Research Foundation (UFRF) which the university had previously asserted …
By Steve Brachmann
14 days ago 4

Why a Hall of Fame patent for a content delivery network likely couldn’t survive Alice

There can be little doubt that today the claims of the ‘703 patent would be considered to cover a patent ineligible abstract idea. In other words, had the …
By Gene Quinn
15 days ago 19

Brexit from an IP Law point of view

The UK is the fifth largest economy in the world, so I have little doubt that companies would pay solid money to protect their interest in that …
By Cal Evans
15 days ago 14

Other Barks for Wednesday, March 15th, 2017

A well-known patent monetization firm jumps back into the brokered patent market in 2016’s fourth quarter. A federal judge in New York allows arguments over whether American …
By Steve Brachmann
15 days ago 0

PTAB ends Kyle Bass IPRs targeting Acorda patents on Ampyra MS treatment with no findings of obviousness

A panel of administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) issued a final written decision ending a series of inter partes review (…
By Steve Brachmann
16 days ago 2

The Federal Circuit should never use Rule 36 if a patent claim is invalidated

What happens if a patent owner who suffered that Rule 36 summary loss to Google at the Federal Circuit were to decide to sue another party – perhaps Apple – …
By Gene Quinn & Peter Harter
16 days ago 7

The coupling of § 101 and § 112, and what it means for patent practitioners

A recent opinion by the Federal Circuit suggests that there will be considerable uncertainty about the respective boundaries of §§ 101 and 112 in the years ahead. In Trading Technologies …