Posts Archive


The importance of PTAB patent review proceedings for addressing low quality patents

The availability of PTAB patent review proceedings to address low quality patents is especially important in the financial services sector where, prior to Federal Circuit’s decision …
By Sean Reilly
1 month ago 7

Why Exclusive Patent Licenses Can Be More Valuable Than Owning Patents Outright

Patents are a big capital investment for a startup company, but so is an office building. However, no startup company owns their office building outright. Even if …
By Russ Krajec
1 month ago 3

Questions linger on Twitter’s plans to incorporate SoundCloud after $70 million investment

The recent Twitter investment has much to do with the SoundCloud Go premium subscription service launched in late March of this year. The premium service, which costs $9.99 …
By Steve Brachmann
1 month ago 1

#UNDECIDED: Trademark Protection for Hashtags

Can a hashtag be a protectable trademark? And when does use of another’s trademark in hashtags constitute infringement? Disagreement has arisen among the United States Patent …
By David Kohane
1 month ago 1

A Simple Way to Lower Drug Prices

Consumers suffer the scourge of high drug prices. Brand-name drug companies reap monopoly profits. But generic drugs, which promise lower prices, are often nowhere to be found. …
By Michael Carrier
1 month ago 4

Halo v. Pulse and Stryker v. Zimmer: SCOTUS Finds Seagate Test Objectively Unreasonable

In rejecting the objective prong of Seagate, the Court rejected the notion that a defendant may escape the specter of enhanced damages by asserting a defense that …

Discretion Beats Out Bright Line Test for Enhanced Patent Damages: Halo v. Pulse

In last week’s Halo Elecs. v. Pulse Elecs. decision, the Supreme Court unanimously rejected the Federal Circuit’s Seagate standard for awarding enhanced damages in patent …
By Kara R. Fussner
1 month ago 2

Should Section 101 of the Patent Act be Removed

David Kappos, the director of the USPTO under President Obama from 2009 to 2013, recently called for congress to repeal section 101 of the patent act. According to Kappos, the …
By Daniel Cole
1 month ago 39

Cuozzo: The Case That Wasn’t

AIA trials have been sought over 5,000 times to challenge patents and are widely used to resolve patent disputes. Many patent owners complained that these proceedings were unfairly …
By Edmund J. Walsh
1 month ago 0

Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases

Just how much knowledge about piracy on its system does an online service provider need before it loses its safe harbor protection, which severely limits its potential …
By Devlin Hartline
1 month ago 1

Billion-dollar-plus valuation of Yahoo’s Excalibur patent portfolio could be optimistic in current market

It’s this environment of malaise within which Yahoo is trying to bolster its fortunes with the sale of an intellectual property portfolio involving about 3,000 patents and …
By Steve Brachmann
1 month ago 1

Jericho asks SCOTUS to consider whether blueprint for Defense Global Information grid is abstract

Jericho’s access control model was first used as the blueprint for the Department of Defense Global Information grid in 2007. The software was later deployed across two …
By Audrey Ogurchak
1 month ago 5

Supreme Court Emphasizes Objective Reasonableness for Fee Awards in Copyright Litigation

Justice Kagan stated as one primary factor that a District Court should put substantial weight on the reasonableness of the losing party’s position. The lower courts …
By Jon Tandler
1 month ago 0

$1.5 billion Celator purchase buoys the financial future of Jazz Pharmaceuticals’ oncology division

Of particular interest in this deal is a drug in Celator’s pipeline is Vyxeos (cytarabine:daunorubicin), an injectable liposomal treatment for blood cancers, especially acute myeloid …
By Steve Brachmann
1 month ago 0

Industry Reaction: Supreme Court upholds Federal Circuit in Cuozzo

“This is obviously a victory for some who challenge a patent’s validity in IPR proceedings since broadly construed claims are more vulnerable to attack than narrowly …