Posts Archive


Patent Litigation Shows Shift Towards Delaware, Decrease in High-Volume Plaintiff Filings

Legal data analytics provider Lex Machina recently published a post featuring data points regarding the filing of patent infringement cases in the year following the U.S. …
By Steve Brachmann
1 month ago 2

Gene Quinn named one of top IP strategists by IAM Magazine

Gene Quinn, has been named to the 2018 IAM Strategy 300, which recognizes The World’s Leading IP Strategists. This marks the second consecutive year Gene has been recognized …
By Renee C. Quinn
1 month ago 33

Rethinking Article III Standing in IPR Appeals at the Federal Circuit

In 2011, as part of the American Invents Act (“AIA”), Congress significantly restructured the way in which previously issued patents could be challenged.   In some cases, existing post-issuance …

ECCO Accuses Skechers of Stealing Soles, Files Patent Infringement Lawsuit in Delaware District Court

Recently, Denmark-based footwear maker ECCO filed a suit alleging claims of patent infringement against Manhattan Beach, CA-based shoemaker Skechers. The suit, filed in the federal district for …
By Steve Brachmann
1 month ago 2

Iancu: People have a right to know what is patent eligible

While the subject matter of the speech was similar, this speech by Director Iancu was different. It was much more direct and forceful than any of his …
By Gene Quinn
1 month ago 43

What You Need to Know about the District of Massachusetts’ New Local Patent Rules

On June 1, 2018, the new patent local rules went into effect in the District of Massachusetts following a substantial overhaul that began over one year ago.  In January 2017, …

‘Graphical User Interface’ does not necessarily invoke means-plus function analysis

In Zeroclick, LLC v. Apple Inc., before Judge Jimmie Reyna, Judge Richard Taranto, and Judge Todd Hughes, Zeroclick appealed a district court's interpretation of the claims as …

Order of the New Day: IP Rights in Dynamic Competition

Missing for a while at the U.S. competition agencies has been an appreciation for how competition works in the real world — in particular, discounting the vital …
By James Edwards
1 month ago 2

CAFC Vacates Board for Moving Target Rejections, Failure to Consider Reply Brief

The moving target rejections were largely due to the fact that the examiner's first clear explanation that she was relying on structural identity, and not inherency, appeared …

‘Cockygate’ Trademark Row Causes Heartbreak in U.S. Indie Romance Novel Publishing Industry

In recent weeks, the U.S. romance publishing industry has been roiling over a trademark issue which has been less-than-affectionately referred to as Cockygate. According to various …
By Steve Brachmann
1 month ago 2

Federal Circuit: PTAB Improperly Relied on Unsupported Expert Opinion

Ericsson petitioned for inter partes review of the ’408 patent, and the PTAB upheld its validity. Without separately analyzing the challenged dependent claims, the PTAB held that claim 1 …

Google Changes Its Code of Conduct After Years of Being Evil Towards Patent Owners

However, in intellectual property circles, it would be easy question whether Google has lived up to the goal of not doing, or being, evil... Google’s efforts …
By Steve Brachmann
1 month ago 22

Federal Circuit Continues to Develop Patent Venue Law with Recent Trio of Decisions

The Federal Circuit’s recent venue decisions represent important developments in the interpretation of the patent venue statute. The application of these decisions will have immediate effects …
By Mark Deming
1 month ago 0

Arent Fox seeks Patent Agent for Los Angeles or San Francisco Office

Arent Fox LLP has an open position for a patent agent with 2-5+ years of experience in patent preparation and prosecution for their Los Angeles or San …

Patent Office asks Federal Circuit to Allow Board to Reconsider Eligibility Rejections

Yesterday I wrote about the United States Patent and Trademark Office filing a Director’s Unopposed Motion to Vacate and Remand in In re Intelligent Medical Objects, …
By Gene Quinn
1 month ago 10

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