Posts Archive


More conflicts of interest surface with second PTAB judge

The blindfold appearing in the common depiction of Lady Justice is there for a reason. According to Wikipedia, Lady Justice has been depicted with a blindfold since …

No evidence of lost sales or price erosion means no irreparable harm and no permanent injunction

Nichia Corporation (“Nichia”) sued Everlight Americas, Inc., Everlight Electronics Co., Ltd. and Zenaro Lighting (collectively, “Everlight”) for infringement of three of Nichia’s patents disclosing packaging designs …

Federal Circuit Clarifies On-Sale Bar Under America Invents Act

In Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc., the Federal Circuit reversed the district court and held that Helsinn’s pre-AIA patent claims, “were subject …

Patent Strategy: 6 strategies for obtaining a patent quickly

Patents confer rights and when you have rights you have an asset that can be sold or licensed. But you will have an asset that can in …
By Gene Quinn
20 days ago 1

Smaller players in the intelligent virtual assistant space continue to develop AI tech

In mid-April, Cambridge, MA-based software developer Pegasystems (NASDAQ:PEGA) unveiled the Pega Intelligent Virtual Assistant, an AI tool which uses natural language processing to create responsive chatbots …
By Steve Brachmann
20 days ago 0

Wi-Fi One vs. Broadcom May Reshape PTAB Trial Proceedings

The relationship between PTAB proceedings and parallel district court litigation may be altered significantly. The arguments in Wi-Fi One vs. Broadcom this week may change a lot …
By Amanda G. Ciccatelli
21 days ago 4

Ex Parte Appeal Oral Hearings: Making Your Case Right Before Decision Time

This data set shows that Oral Hearings are rarely conducted. (See Figure 1.) Across the 72,443 appeals, only 459 (0.63%) appeals had an Oral Hearing... As shown in Figure 4, Oral Hearings …
By Kate Gaudry & Sameer Vadera
21 days ago 1

‘Uber-izing’ the IP Function

Welcome to the brave new corporate IP function of tomorrow, one that’s been “Uber-ized” to tap into powerful on-demand networks of patent, technical, and market expertise …
By David Kline
21 days ago 2

USPTO diverting fees internally to subsidize PTAB trials

In prepared remarks Director Lee said the Office must significantly raise Patent Trial and Appeal Board (PTAB) fees in order for the PTAB to be self-sustaining on …
By Gene Quinn
22 days ago 50

Make Ohlhausen the FTC Chairman

One of the most straightforward steps President Trump can take to steer the ship of state on its new course is to put good people in place …
By James Edwards
22 days ago 0

AI-Driven Innovation: Can & Should it Be Regulated?

Historically, legal decisions have dismissed the notion of a machine or autonomous program being the inventor. In fact, as a recent contribution to Lexology states, “Congress has …
By Andrew Armstrong
22 days ago 10

Jeremy Richardson joins Michelman & Robinson in New York

Michelman & Robinson, LLP (“M&R”) is pleased to announce that Jeremy Richardson has joined the firm as a partner in its New York office. He is the …
By Press Releases
22 days ago 0

Is the ethical bar for practitioners higher than it is for PTAB judges?

Had APJ Clements not been a member of the PTAB and one of the patent owners – let’s say Smartflash for example – had come to him and …
By Gene Quinn
22 days ago 21

Patent troll narrative returns to Capitol Hill as relentless push for patent reform continues

The beauty of the patent troll narrative was it took little time to absorb and instantly painted a pejorative picture in the minds-eye of the listener. It …
By Chris Gallagher & Gene Quinn
23 days ago 9

Navigating the Maze of International Cannabis Trademarks

Some have dubbed it the modern-day gold rush while skeptics warn of the hostile attitude of the current administration in Washington D.C. Whatever the view there …
By Nuzayra Haque
23 days ago 3