Posts Archive


The Most Famous Song in the World Set Free: Impacts of the Happy Birthday to You Settlement

On June 30th, Judge George King of the Central District of California entered the Final Order and Judgment in the matter of Good Morning to You Productions …

Top Patent Firms for 2015

We compiled a list of the top patent firms, which are ranked based on the total number of U.S. utility patents that issued in 2015 where the …
By Paul Harrity
1 month ago 18

Breaking through the culture of Examiner v. Applicant at the USPTO

Somehow a culture of Examiner v. Applicant has evolved. There doesn't seem to be much in examiner training to pit them against external stakeholders. No evidence there …
By Raina Haque
1 month ago 26

Using a European technical effect approach to software patent-eligibility

Unlike Judge Chen’s breadth-based approach, Judge Hughes appears to adopt the proposal of using the European technical effect ( or “technological arts”) analysis to determine whether a …
By John M. Rogitz
1 month ago 3

Are the Pre-Appeal Conference and P3 Hopelessly Rigged? Practice Tips for the Savvy Practitioner

The unadvertised feature is that the Pre-Appeal Conference board is assembled by an administrative assistant in the technology center, but the P3 board is assembled by the …
By Russ Krajec
1 month ago 2

Is Patent Licensing or Sales Part of Your IP Strategy?

To maximize the return on investment from a patent portfolio, patent owners must determine which is more lucrative: sales or licensing. In general, patent licensing promises the …
By Julia Elvidge
1 month ago 0

Dear Candidate: Is patent reform a catalyst for future innovation in the US?

Patent reform is a subject that most Americans are unfamiliar with. Additionally, significant lobbying efforts and financial resources dedicated by large corporations have confused the subject further. …
By Warren Tuttle
1 month ago 8

Patent litigation returning to pre-2013 levels, says Lex Machina

During 2016’s second quarter, plaintiffs filed a total of 1,282 patent infringement cases in U.S. district court. This is a 33 percent increase in the 958 patent cases filed …
By Steve Brachmann
1 month ago 0

Using narrow claim breadth as a sign of software patent-eligibility

In two cases written by Judge Chen (DDR Holdings, LLC v. Hotels.com L.P., 2013-1505 (Chen, Wallach, Meyer (dissent) and Bascom Global Internet Services, Inc., v. …
By John M. Rogitz
1 month ago 7

NYIPLA Proposes Supreme Court Adopt a New Test for Copyright Protection in Cheerleader Uniform Case

This case concerns Star Athletica’s alleged infringement of Varsity Brands’ purported copyrights in the design of certain cheerleading uniforms. Under the Copyright Act, because clothing possesses …

7 things to know about filing patents in Japan

For non-residents, getting an invention to market in Japan is no small task. Filing patents there can pose significant challenges. More than cultural and language barriers, unique …
By Jeremy Coombs
1 month ago 0

The Anatomy of a Bogus Alice Rejection

First, this type of circular "logic" is at the heart of virtually all Alice rejections. Here the examiner concludes there is nothing significantly more than the judicial …
By Gene Quinn
1 month ago 15

Courts Answer Key Questions Over the Reach of the BPCIA

Two recent Federal Circuit opinions provide some answers to the issues presented by complaints alleging non-compliance with the BPCIA. In Amgen Inc. v. Sandoz Inc., the Federal …

2016 Summer Olympics in Rio will feature innovations for athletes, spectators alike

In major American sports, players, spectators and referees alike are all interested in making sure that fouls are called properly and that athletes are always abiding by …
By Steve Brachmann
1 month ago 0

Alice Experts and the Return of Second Pair of Eyes to the PTO

In every art unit examiners confirm that there is an examiner within the Art Unit who is the Alice expert and that examiners have said that even …
By Gene Quinn
1 month ago 64