Posts Archive


2016 Patent Year End Review: Insiders Reflect on the Biggest Patent Moments of the Year

It is one again time to take a moment to look back on the year that was, reflecting on the biggest, most impactful moments of 2016. For us …
By Gene Quinn
25 days ago 32

Stepping Back from the Cliff: The Year Congress Didn’t Cave to the Anti-Patent Lobby

For a many years, the pied pipers of the anti-patent lobby whistled the patent troll melody and Congress, desperately in need of a glorious bipartisan victory, pushed …

PTO Director Needed – Swamp Resistance Desirable

If someone were there to speak for America that person would recognize the obvious. There is no historical evidence of any economy having a thriving innovation ecosystem …
By John White
26 days ago 30

Patent Infringement Pleading Standards Since the Abrogation of Rule 84 and Form 18: A Year in Review

Last December, the 2015 Amendments to the Federal Rules of Civil Procedure abolished Rule 84 and the Appendix of Forms, removing any doubt that Twombly’s plausibility standard applies …
By Michelle Callaghan
26 days ago 1

Willful trademark infringement alleged after defendant admits infringement, promises to cease

According to the complaint, when the 2015 arose the defendant gave written representations that they had indeed infringed on the trademarks and trade dress of WRB, that the …
By Gene Quinn
26 days ago 0

PPH at the USPTO: Following the Patent Prosecution Highway for a Smooth Ride

If you qualify for participation in the PPH it makes great sense to attempt to get into the program. Not only will your application move from wherever …
By Gene Quinn
27 days ago 0

Fitfully unveils cloud-based virtual fitting service for online shoe sales

Fitfully has filed at least one patent application which has been published by the World Intellectual Property Organization (WIPO) as W.O. Patent Application No. 2016051416, titled System …
By Steve Brachmann
27 days ago 1

Special Report: The Santa Transport Patent

The solution to this intractable puzzle was provided by Santa in the Patent, which describes a grid of enormous, land-based wind turbines running back and forth between …
By Howard Zaharoff
29 days ago 7

Counterfeit NFL jerseys highlight issues of fake apparel from China

Misspellings, $20 for a $200 jersey, encouraging use of Western Union wire transfers, and no visible mention of being officially licensed NFL merchandise should raise at least some suspicions... …
By Steve Brachmann
30 days ago 6

CAFC reverses Summary Judgment on inherent anticipation, affirms no Inequitable Conduct

It is inappropriate for a trial court to discount material expert testimony so as to weigh the evidence in favor of a party seeking summary judgment. The …

CAFC affirms default judgment, permanent Injunction requiring defendant to turn over mold

Tile Tech argued that a default judgment was not appropriate because the district court did not find that Tile Tech acted in bad faith. However, the Court …

Federal Circuit Denies Remand Despite Changes in Direct Infringement Law under Akamai

The Court held that remand was improper. Generally, remand is proper where the governing legal standards change during appeal. However, the Court found that the change in …

America’s Big 5 tech companies increase patent filings, Microsoft holds lead in AI technologies

In terms of sheer numbers, in the CB Insights study, which curiously did not include patent giant and American research juggernaut IBM, Microsoft ranks supreme among this …
By Steve Brachmann
1 month ago 15

Passage of the 21st Century Cures Act and its Potential Implications on Biodefense

With the Cures Act now signed into law, the incoming Trump administration has an opportunity to advance the broad-spectrum medical countermeasure goal set forth by the U.…
By Jim Joyce
1 month ago 3

Almost Famous: Many Trademark Owners Find Dilution Claims Out of Reach

In a dilution claim, a trademark owner asserts that their famous mark is entitled to protection from use that causes harm to the mark’s reputation or …
By Eric Ball & Carly Bittman
1 month ago 0