Posts Archive


Federal Circuit Affirms Grant of Preliminary Injunction to Patent Owner

A preliminary injunction was appropriate when non-infringement depended on an erroneous claim construction; the evidence did not show the proposed combination of references for non-obviousness was enabled; …

Sending cease-and-desist letters and conducting licensing negotiations enough for personal jurisdiction

Non-practicing entities are especially likely to be subject to personal jurisdiction because the nature of their business involves asserting and litigating patent rights in foreign courts. This …

Early Stage Innovation’s Chance to Save Itself

Universities in particular must explain to their congressional delegations why R&D must continue to be funded and why its Bayh-Dole based commercialization bridge must be protected …
By Chris Gallagher
29 days ago 0

The PTAB is a thoroughly broken tribunal incapable of being fixed

One Administrative Patent Judge — Judge Meredith Petravick — dissented. Petravick said it was inappropriate for the PTAB to terminate the '304 patent CBM because the parties were different …
By Gene Quinn
30 days ago 35

Is it time for the Federal Circuit to award costs and fees in Rule 36 judgments?

Erich Spangenberg commented on our most recent Rule 36 article, “Does the Federal Circuit’s use of Rule 36 call into question integrity of the judicial process?” He raised …
By Peter Harter & Gene Quinn
30 days ago 0

Intelligent virtual assistants will support one-fifth of all human interactions with smartphones by 2019

The next decade should see a major increase in intelligent virtual assistants with market research firms predicting that the market will grow at a compound annual growth …
By Steve Brachmann
30 days ago 0

The PTAB has failed to solve the patent troll problem created by large operating companies

The patent troll problem has always been a creation of large operating companies. They obtained dubious, highly questionable patents. These low quality patents were then sold to …
By Gene Quinn
1 month ago 101

Revisiting the Standard NDA After ZeniMax v. Oculus

ZeniMax offers useful insights for enterprises seeking to maximize the benefits of NDAs while minimizing the time and effort needed to negotiate them... Most technology enterprises are …
By Carlo Cotrone
1 month ago 0

Other Barks & Bites for Wednesday, February 22nd, 2017

An appellate court hands down a ruling in favor of Internet radio provider Sirius XM against a rock band trying to assert its copyright on pre-1972 music …
By Steve Brachmann
1 month ago 0

Matthew S. Nelles joins Berger Singerman

Berger Singerman is pleased to announce that intellectual property and commercial litigator Matthew S. Nelles has joined the firm as a partner on the Dispute Resolution Team. …
By Press Releases
1 month ago 2

What Inventors Need to Fix the Patent System

While we have damaged our patent system, China has strengthened theirs. Job creation is stagnant, economic growth is anemic and the America Dream is dying. Congress must …

Clearing the Underbrush: How to Fight Low Quality Patents Related to Commoditized Technology that Threaten Innovation

IP departments are often forced to spend their limited budget defending patent troll lawsuits targeted at the base computing and service layers instead of where it should …
By Karl Fazio
1 month ago 36

Time to patent invalidity decisions on Rocket Docket calls value of PTAB into question

If the Eastern District of Virginia can dispatch patent cases in less time than the PTAB, why should we suffer the indignity of the lack of due …
By Gene Quinn & Steve Brachmann
1 month ago 8

Will President Trump directly negotiate Medicare prescription drug pricing?

The savings impact of directly negotiated drug costs is considered negligible, but intrusion into biomedical pricing will destabilize life science commercialization... Any way you slice it, added …
By Chris Gallagher
1 month ago 2

Microsoft files IPR against Philips patent asserted against Taiwanese consumer electronics firms

Dutch tech conglomerate Koninklijke Philips NV is the owner of U.S. Patent No. 6,522,695. The Philips patent is challenged by Microsoft on behalf of several other tech …
By Steve Brachmann
1 month ago 3