Posts Archive


Placing limits on innovation may exclude great inventions before it’s known what has been excluded

Since U.S. patents are granted with exclusive right to exclude, the only way to realize values of inventions is licensing, suing for damages or both. This …
By Jianqing Wu, Ph.D.
1 month ago 34

Atari files suit against Nestlé for Kit Kat ad campaign that infringed on Breakout video game

Atari Interactive Inc. filed a lawsuit alleging trademark and copyright infringement claims against Swiss food and drink company Nestlé SA (VTX:NESN). The suit targets a worldwide …
By Steve Brachmann
1 month ago 0

Content Delivery Networks: Dan Lewin and Tom Leighton solve the “World Wide Wait”

Content delivery networks (CDNs), distributed networks involving proxy servers and data centers to provide high availability of content, are becoming increasingly valuable as Internet users continue to …
By Steve Brachmann
1 month ago 0

Lex Machina commercial litigation report shows that one-fifth of commercial cases include IP claims

The total number of intellectual property claims included in all commercial cases is higher than the figure of 11,643 commercial cases including at least one IP claim. “It …
By Steve Brachmann
1 month ago 0

Finding your way from patent value to return-on-investment. A patent strategy case study

Your CEO: “Why are we spending so much on patents?” Your CFO: “Do we have a financial model for this spend?” The path forward isn’t clear. …

9 Pointers for Giving Effective Feedback

Giving a lawyer a critique of their work can be difficult. Yet, you cannot improve lawyer performance or achieve quality work product goals without providing feedback. In …
By Bernard Knight
1 month ago 3

Building a Portfolio in a Depressed Patent Market

Eventually Congress will recognize that all the changes enacted to address the overblown patent troll issue has resulted in far more damage to U.S. competitiveness. This …
By Russell Slifer
1 month ago 12

Trump Administration opens probe into alleged Chinese theft of U.S. intellectual property

President Donald Trump has signed a memo at the White House which authorized the U.S. Trade Representative (USTR) to make an inquiry into the alleged theft …
By Steve Brachmann
1 month ago 14

Court affirms TTAB refusal to register ‘FIRST TUESDAY’ trademark for NC Lottery

In re N.C. Lottery, Appellant North Carolina Lottery (“N.C. Lottery”) sought to register the mark “FIRST TUESDAY” in connection with lottery services and games to …

Music Artist will.i.am Cannot Trademark “I Am”

In re i.am.symbolic, llc, William Adams, better known by his stage name “will.i.am”, was refused registration of a Trademark for “I AM” on …

Viewers stream 7 billion hours of content on Roku

Roku offers 5,000 streaming channels through its Channel Store and, to help consumers find interesting content more easily, it has developed a channel-targeting technology protected by U.S. …
By Benjamin Joe
1 month ago 1

Crocs loses inter partes reexam, will appeal rejection of design patent for ornamental footwear

Boulder, CO-based shoe manufacturer Crocs, Inc. (NASDAQ:CROX) had a design patent rejected by the U.S. Patent and Trademark Office. The patent struck by the USPTO …
By Gene Quinn & Steve Brachmann
1 month ago 7

CAFC says Attorney’s Fees are an Equitable Remedy Not Subject to Right to a Jury Trial

Avid sought fees as a prevailing party under § 285, and therefore the attorney’s fees in this action were properly characterized as an equitable remedy, properly decided by …

Octane Standard for Attorney’s Fees Applies to Lanham Act and Patent Act Cases

In mag Fasteners, Inc. v. Fossil, Inc., Romag sued Fossil for patent and trademark infringement and a violation of the Connecticut Unfair Trade Practices Act (“CUTPA”) after …

CAFC denies Amgen discovery in biosimilar patent dispute

In a patent infringement case governed by the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), the Federal Circuit found that it lacked jurisdiction to compel discovery …