Posts Archive


Federal Circuit reverses PTAB claim construction in IPR appeal

Pride Mobility appealed, and noted that the Board construed claim 7 as requiring a "substantially planar" mounting plate "oriented perpendicular" to the axis of the wheelchair's drive wheel, …

BRI v. Plain and Ordinary Meaning in Claim Construction: Much Ado About Nothing?

On one hand, logic dictates that the broader the interpretation of the claim, the more extensive the array of relevant prior art—and in turn the more …
By Sarah Barrows 1 month ago 17

5 Things You Should Know About the PTAB’s New Rules Governing Post Grant Administrative Trials

Disappointing some (i.e., Patent Owners) who were looking for a more significant changes to the rules governing inter partes review, post grant review, and/or covered …
By Matthew Cutler 1 month ago 0

Broadband iTV files amicus brief supporting Versata petition for certiorari

Versata presented four questions to the Supreme Court, some very specific to CBM proceedings. In its amicus brief, Broadband iTV more generally asks the Supreme Court to …

Judgment With Prejudice is Res Judicata and not Vacated Even if Mooted by Later Reexamination

Cardpool, Inc., v. Plastic Jungle, Inc., NKA Cardflo Inc. (Fed. Cir. Apr. 5, 2016) (Before Newman, Reyna, and Wallach, J.) (Opinion for the court, Newman, J.)(Federal Circuit held …

Congressman Issa calls patent trolls and plaintiffs interchangeable during ITC hearing

The Subcommittee is Chaired by Congressman Darrell Issa (R-CA), who has been an outspoken advocate for the need for more patent reform in order to provide relief …

BRI and Phillips are No Different – Unified Patents Responds

Unified Patents Inc. explained in its amicus brief in Cuozzo Speed v. Lee that “[t]he phrase ‘broadest reasonable interpretation’ describes the same procedure applied in both …
By Scott A. McKeown 1 month ago 28

Protecting a Trade Secret: Taking Precautions to Preserve Secrecy

Trade secrets are easy to protect, at least in theory, because all the law requires is that the owner of the trade secret take reasonable precautions to …
By Gene Quinn 1 month ago 8

Digital publishing sector increases share of magazine readership, advertising dollars

Between August 2012 and February 2013, digital publishing apps saw an average growth in their readership of 200 percent according to a state of mobile tech report released by computer …
By Steve Brachmann 1 month ago 1

The Yahoo Patent Portfolio: What is the market price today?

Business Insider reports that Yahoo's patent portfolio could generate up to $3B. We disagree and we use data to show why. With an estimated street price of $772…

Intellectual Property Professors Call on Congress to Modernize the Copyright Office

As the Library of Congress ushers in a new era with a new Librarian, the time is ripe to ensure that the Copyright Office has the accountability …
By Sandra Aistars 1 month ago 0

Tim Wyckoff Joins Kacvinsky Daisak Bluni

With more than 15 years of experience in IP law, including several years as in-house counsel for a large German semiconductor company, Tim Wyckoff joins KDB from SpryIP, …
By Press Releases 1 month ago 0

A Better Way to File Patent Applications

The PathWays system is designed to help applicants predict which art units an application is likely to be filed before the application is even filed. A unique …
By Megan McLoughlin 1 month ago 8

American business likely to benefit from greater protection for trade secrets

Where an ex parte order is unavailable under the DTSA, complainants may still seek injunctive relief. However, unlike the UTSA, which also offers injunctive relief, the DTSA …
By Terrence A. Oved 1 month ago 17

Social Media and the Rise of Opportunistic #Trademark Filings

Last June, Walter Palmer, an American dentist and recreational big game hunter, shot and killed Cecil, a southwest African lion who had been the subject of a …
By Brian Focarino 1 month ago 1