Posts Archive


Supreme Court to Weigh in on Damages for Design Patent Infringement

Recent decisions from the U.S. Court of Appeals for the Federal Circuit regarding damages available in design patent cases highlight the court’s divergence from its …

Definition of a ‘Trade Secret’ Under the DTSA

In general, the form of the information qualifying as a trade secret under the DTSA is extremely broad, and includes information of any form, regardless of “how …
By Peter J. Toren
1 month ago 1

Book Review: Patents After the AIA: Evolving Law and Practice

The treatise presents both practical and strategic advice regarding the preparation, prosecution, evaluation, enforcement, and litigation of U.S. utility patents after the passage of the AIA …
By David Kappos
1 month ago 4

Will the Federal Circuit’s Enfish ruling have broader implications for data storage patents in general?

Days before this Federal Circuit decision, the Patent Trial and Appeal Board (PTAB) issued its decision for Informatica Corp. v. Protegrity Corp. The patent at issue in …
By Audrey Ogurchak & Gene Quinn
1 month ago 4

The Defend Trade Secrets Act of 2016 Creates Federal Jurisdiction for Trade Secret Litigation

There is now federal jurisdiction for trade secret theft. The DTSA creates a federal cause of action for trade secret misappropriation that largely mirrors the current state …

As Airbnb disrupts the hotel industry it increases D.C. lobbying

This increased political exposure across the nation is likely a big reason why Airbnb is increasing its DC lobbying arsenal by hiring former Congressman Vin Weber and …
By Steve Brachmann
1 month ago 0

The Royalty Rate for a Subset of Standard Essential Patents – What Is Reasonable?

How can a patent that is deemed essential for a standard not be infringed in a product that implements that standard? One possible explanation could be that …
By Menno Treffers
1 month ago 1

How Congress can ensure the patent system protects inventors and entrepreneurs

Congress can, and should, take at least four steps in restoring the health and vitality of our patent system: First, Congress should ensure that the patent grant …
By Brian O’Shaughnessy
1 month ago 3

Is This Patent Any Good? How to Tell a Good Patent From a Bad One

Many inventors boast that they did not understand their patent application because their attorney used "legalese." Some even joke that it was so dense that they did …
By Russ Krajec
1 month ago 7

Poor management at Facebook leads to allegations of de facto censorship for some conservatives

News that Facebook engaged in suppressing content from conservative groups was first reported by Gizmodo in early May. The online publication reported comments from former Facebook workers …
By Steve Brachmann
1 month ago 4

Is the USPTO’s IPR Process Constitutional?

I represent MCM Portfolio LLC, which is seeking Supreme Court review of a recent decision of the United States Court of Appeals for the Federal Circuit upholding …
By Thomas Goldstein
1 month ago 51

A Legislative History of the Defend Trade Secrets Act of 2016

Legislative history is, of course, the compilation of the legislative process’ source documents—committee reports, hearing transcripts, bills and floor debate—to understand the Congressional intent behind …
By John Cannan
1 month ago 1

An Offer For Sale Under § 102(b) is Made When a Communication Creates a Power of Acceptance

The district court held that the patent was not invalid because those communications did not constitute an offer for sale that would trigger the on-sale bar. Watson …

Federal Circuit Affirms Doctrine of Equivalents Analysis Using Appropriate Hypothetical Claim

The Federal Circuit held that it is not the case that a patent must spell out a claim element’s function, way, and result, for the doctrine …

Patents For Self-referential Computer Database Are Not Categorically Unpatentable as Abstract

Where the claims are directed to an improvement to computer functionality, they are not abstract under the first step of Alice, and thus no step-two analysis is …