Posts Archive


CAFC affirms reliance on expert declaration, remands inter partes reexam over O’Malley dissent

Reliance on expert declarations is not per se deficient because the declaration utilizes a legal turn-of-phrase, i.e. “It would have been obvious.” The declaration is sufficient, …

Michelle Lee opens PPAC meeting at USPTO, introduced as Director at PTAB Bar luncheon

Lee has finally been publicly introduced at an industry event as Director of the United States Patent and Trademark Office. Indeed, earlier today Lee delivered a keynote …
By Gene Quinn
25 days ago 30

In precedential decision, Federal Circuit further clarifies what constitutes a covered business method patent for CBM review

When applying that definition to the present case, the majority opinion rejected as too limiting Secure Axcess’s proposal that CBM review should be limited to “products …
By John M. Rogitz
25 days ago 1

Can the Supreme Court’s erosion of patent rights be reversed?

The resulting decisions reveal the Supreme Court’s holistic outlook as a generalist court concerned with broad legal consistency rather than fidelity to patent law’s underlying …

Innovation is a Terrible Thing To Waste

Given the complexity of many technologies, the rapidly changing nature of global markets, and the legal complexities in establishing worldwide licensing programs, it should come as no …
By Sabina Brufani
25 days ago 0

Disney MagicBand wireless communication devices targeted by patent lawsuit filed in E.D. Tex.

Perhaps not your typical or average patent, the '443 patent has some 135 patent claims, which relate to a proximity authorization unit, a proximity service unit, a method …
By Steve Brachmann & Gene Quinn
25 days ago 1

Rule 36: The Ides of March for the Federal Circuit?

Based on how often the Supreme Court reverses the Federal Circuit, what percentage of the Court’s Rule 36 decisions are wrong? Perhaps 90% of them? Then again it …
By Peter Harter & Gene Quinn
26 days ago 3

Supreme Court Reverses Federal Circuit, Confirms that One is Still the Loneliest Number

In yet another reversal of the Federal Circuit, the Supreme Court yesterday held that liability under § 271(f)(1) of the Patent Act requires more than one component part …
By Clifford R. Lamar, II
26 days ago 7

Other Barks & Bites for Wednesday, March 1st, 2017

Another covered business method review is overturned by the Federal Circuit because the Patent Trial and Appeal Board instituted a CBM on a patent that was not …
By Steve Brachmann
26 days ago 2

Revolutionary JP Morgan software capable of doing contract review likely patent ineligible in the U.S.

JP Morgan has created revolutionary software capable of doing in seconds the same work that it would take a large team of lawyers 360,000 hours to complete. Clearly, …
By Gene Quinn
27 days ago 77

Trump signs Executive Order to eliminate job killing, outdated, unnecessary, ineffective regulations

In this Executive Order, President Trump orders the heads of each agency to designate a Regulatory Reform Officer (RRO) within 60 days. In addition to the designation of …
By Gene Quinn
27 days ago 5

Flexible problem-solution analysis for drafters with Europe in mind

The problem-solution paradigm has become a cornerstone of patentability in Europe. If the invention cannot be reduced to the format of a technical solution to a technical …
By Brian Cronin
27 days ago 2

Whirlpool Corporation wins permanent injunction in patent suit against Chinese water filter manufacturer

Whirlpool successfully argued that it would be irreparably harmed without the relief of permanent injunction in addition to the settlement agreement, which is executed separately of the …
By Steve Brachmann
27 days ago 8

SCOTUS invites Michelle Lee to Respond to Oil States IPR related petition for certiorari

The first and perhaps most obvious news story here relates to the fact that the United States Supreme Court believes that Michelle Lee remains Director of the …
By Gene Quinn
28 days ago 15

Will the Trump Administration Be Pro Patent?

One of the many questions about the Trump Administration after its first month is how it views the U.S. patent system. I asked several experienced veterans …
By Joseph Allen
28 days ago 57