Posts Archive


Broadcom files patent suits against LG, Vizio, others over smart TVs, video processing semiconductors

Broadcom Ltd. filed a series of six lawsuits in the U.S. District Court for the Central District of California alleging the infringement of a series of …
By Steve Brachmann
16 days ago 0

Sections 101 and 112: Eligibility, Patentability, or Somewhere in Between?

Sections 101 and 112 provide their own separate limitations to the scope of patent protection in ways that are sometimes complimentary and sometimes contradictory... Inventors are motivated to maximize …

The To DO List for the Unitary Patent Package

The sunrise period for opting out traditional European patents is planned to start on 1 September 2017. Since such opt-outs will now be done electronically through the UPC case …
By Wouter Pors
17 days ago 1

AIA has not significantly altered patent litigation totals according to recent Lex Machina report

The fact that 36.7 percent of all patent cases filed in E.D. Tex. seems to be an exceptionally high degree of concentration in case filings, but the …
By Steve Brachmann
17 days ago 19

The FDA process, patents and market exclusivity

A patent is not the only path to exclusivity. In fact, the FDA characterizes patents and "exclusivity" separately. "Exclusivity" refers to exclusive marketing rights granted by the …

ITC: Licensee Investments May Satisfy Domestic Industry Requirement

Judge McNamara explained that domestic industry is not limited to the activities of the patentee and may be satisfied based on a licensee’s activities alone... Judge …
By Dr. Eric Becker
18 days ago 0

Husch Blackwell has an immediate opening for a Chemical Patent Agent

Husch Blackwell LLP, a full-service law firm with 19 offices across the U.S. and in London, has an immediate opening for a Chemical Patent Agent in our …

Nominations Sought for National Medal of Technology and Innovation

The United States Patent and Trademark Office (USPTO) is seeking nominations for the 2017 National Medal of Technology and Innovation. The medal is presented each year by the …
By Press Releases
18 days ago 0

Do You Need a Patent?

In simple terms: a patent is a grant of rights by the government, for a limited time, that can be used to stop others from making, using, …
By Rich Goldstein
19 days ago 5

UK Digital Strategy initiatives in AI, robotics underscore lagging U.S. development caused by patent ineligibility of software

The absurd way in which important players in the U.S. patent system view the patentability of software innovations will undoubtedly harm our country’s chances of …
By Steve Brachmann
19 days ago 0

Patent Office finally confirms Michelle Lee is Director of the USPTO

By letter dated March 10, 2017, the USPTO responded to Mr. Shuster's FOIA request by informing him that "Michelle K. Lee is the Director of the United States Patent …
By Gene Quinn
19 days ago 30

AT&T Settlement Agreement Admissible in Sprint Patent Litigation

The Federal Circuit found that the district court did not abuse its discretion in admitting the AT&T settlement agreement for several reasons. First, the agreement covered …

Federal Circuit: Disclaimer based on arguments actually made, not those that could have been made

The scope of surrender is not limited to what is necessary to overcome the prior art reference. Instead, patentees may surrender more than is required to overcome …

CAFC sides with L.A. Biomedical Research over Eli Lilly in two IPRs challenging penile fibrosis patent

LAB sued Eli Lilly & Company, alleging marketing of the drug Cialis induced infringement of LAB’s patent. Eli Lilly subsequently requested that the Board conduct inter partes …

Google open innovation powered by efficient infringement

Given the growth of efficient infringement, Google can operate in an open innovation way, applying open source principles to patented technologies from outside of the company as …