Posts Archive


Sovereign Immunity of Patents: While a Strong Benefit to Patent Owners, These Patents Remain Subject to Traditional Challenges

The United States Patent Trial and Appeal Board (“PTAB”) recently dismissed another inter partes review (“IPR”) based on an assertion of 11th Amendment sovereign immunity.  This decision …

Critical Importance of Realistically Identifying and Protecting Trade Secrets and Confidential Information

California employers often face an upward battle when it comes to protecting against competitive activity by former employees... In order to safeguard their trade secrets, companies doing …

Makers of Bionic Wrench awarded $5.9M by federal jury against Sears in willful infringement verdict

The inventor of the two patents-in-suit is Dan Brown, Sr., president and founder of LoggerHead. He also teaches engineering at Northwestern University’s Segal Design Institute. Brown …
By Steve Brachmann
1 month ago 15

Where is the Federal Circuit on Aqua Products?

More than six months have passed since the en banc rehearing in Aqua Products without a decision from the Federal Circuit. It could be an indication that …

IPR Settlements: A pyrrhic victory for patent practitioners, a loss for patent owners

Howard further explained, however, that it is a mistake to think that characterizing IPR settlements as a "win" is the only way to look at it... In …

House IP subcommittee looks for further ways to curb patent trolls after TC Heartland decision

The day’s hearing focused on the patent troll narrative despite the lack of a substantive connection between that narrative and the TC Heartland case... Rep. Darrell …
By Steve Brachmann
1 month ago 26

How Artificial Intelligence is set to disrupt our legal framework for Intellectual Property rights

It's safe to say that most sectors will undergo significant disruption as a result of artificial intelligence (AI) technology. AI will not only disrupt our business models …
By Toby Bond
1 month ago 0

The Impact of Drake’s Fair Use Copyright Victory on Music Copyright Infringement

A few weeks ago, a New York federal judge ruled that Hip-Hop Artist Drake was protected by copyright’s fair use doctrine when he sampled a spoken-word …
By Amanda G. Ciccatelli
1 month ago 4

Patentability: The Nonobviousness Requirement of 35 U.S.C. 103

The nonobviousness requirement is a critical element to patentability. In essence, even if the applicant can demonstrate patentable subject matter, utility and novelty, the patent will not …
By Gene Quinn
1 month ago 2

Emergy Labs Wins LES Foundation’s 2016-2017 International Business Plan Competition Grand Prize

The LES Foundation International Business Plan Competition, now in its 13th year, focuses uniquely on the intellectual property (IP) aspects of business strategy. For the first 11 years, …
By Renee C. Quinn
1 month ago 1

Use of ‘Means’ with term that Designates Structure Does Not Invoke § 112 ¶ 6

MindGeek and Playboy filed an IPR petition. The Board determined that § 112 ¶ 6 did not apply because “‘wireless device means’ is not purely functional language, but rather is language …

CAFC: Exclusive license must include provisions establishing minimum contacts for personal jurisdiction

In New World International v. Ford Global Techs, FGTL sued New World for patent infringement in Michigan. New World countersued in Texas, seeking a declaratory judgment that …

Federal Circuit Affirms Service Mark is Owned by Group, Not by Departing Group Member

In Lyons v. American College of Veterinary Sports Medicine the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“Board”) cancellation of Sheila Lyons’s registration …

Federal Circuit Affirms CBM Unpatentability Holding; Finding Estoppel Did Not Apply

In Credit Acceptance Corp. v. Westlake Servs. the Federal Circuit affirmed a decision of the Patent Trial and Appeal Board (“Board”) in a Covered Business Method (“CBM”) …

SCOTUS says OK to give notice of commercial marketing before FDA license under Biologics Price Competition and Innovation Act

42 U.S.C. § 262(l) of the Biologics Price Competition and Innovation Act of 2009 (BPCIA) regulates “biosimilars,” biological products that are highly similar to FDA-approved biological products. Section 262(…