Last 24 Hours

Federal Circuit says Assignor Estoppel Has “No Place” in IPR Proceedings

The Federal Circuit recently found that assignor estoppel has “no place in IPR proceedings,” affirming a holding of the Patent Trials and Appeal Board (“Board”) that assignor …

Blockbuster Restasis Patent Goes Down at Federal Circuit a Victim of Rule 36

Without any explanation, analysis or justification, Chief Judge Prost, and Judges Reyna and Hughes affirmed the decision of colleague Judge Bryson. A patent to a blockbuster drug …
By Gene Quinn & Steve Brachmann
23 hours ago 3

More Recent Posts

EPO Publishes Revised Guidelines on Computer-implemented inventions

The European Patent Office Guidelines 2018 were recently published on the European Patent Office (EPO) website. All substantial changes in the new Guidelines relate mainly to sections discussing …
By Andrea Perronace
1 day ago 3

Why Non-Practicing Entities (NPEs) Are Good For China

In the U.S., the risks of frivolous patent lawsuits is greater because the merits are decided by a group of jurors who lack patent expertise and …
By Ives Duran
2 days ago 8

International Trademark Lessons from the Bayer-Belmora FLANAX Trademark Fight

A closely watched cross-border trademark case finally has been resolved, and the results of the case have implications for global trademark holders. A  U.S. District Court …
By Jennifer Itzkoff
2 days ago 3

Supreme Court to Determine if Bankruptcy Code Allows Debtor to Terminate Trademark License Rights

The U.S. Supreme Court has agreed to hear Mission Product Holdings Inc. v. Tempnology, LLC on appeal from the Court of Appeals for the First Circuit. …
By Steve Brachmann
2 days ago 2

Judge Grants Reconsiders, Reinstates Validity of TRX Fitness Equipment Patent Claims

The resurrection of the ‘814 patent claims was of great importance to Fitness Anywhere because it covered a modification to the company’s fitness equipment that helped it …

Licensed to Thrive: A Due Diligence Roadmap for Would-Be Software Licensors

When it comes to gathering information prior to settling on a prospective licensee, less is certainly not more. For this reason, companies angling to license software must …
By Peter Cifichiello
3 days ago 1

Does the Supreme Court even appreciate the patent eligibility chaos they created?

At the beginning of this decade the United States Supreme Court embarked on a path that would ultimately result in a significant re-writing of the law of …
By Gene Quinn
4 days ago 42

Secrets of Social Media: Who owns social media accounts?

Andy Bitter, a former sports journalist covering the travails and triumphs of the Virginia Tech football team, was sued last month by his former employer, a local …
By James Pooley
4 days ago 3

HID Global Seeks Assistant Intellectual Property Counsel

HID Global is looking to hire an Assistant Intellectual Property Counsel. Reporting to the VP of Intellectual Property, as Assistant Intellectual Property Counsel the ideal candidate will …

Supreme Court Refuses Another 101 Patent Eligibility Appeal

REAL argued in its petition that step two of the Alice test used to determine invalidity under Section 101 requires questions of fact that were never asked by …
By Steve Brachmann
5 days ago 19

PCT 101: International Patent Application Filing Basics

The appeal of the PCT process is that it enables patent applicants to file a single patent application and have that single, uniform patent application be treated …
By Gene Quinn
5 days ago 0

Eight Circuit Reverses Finding that Sturgis Motorcycle Rally Trademarks are Valid

On Friday, November 2nd, the Court of Appeals for the Eighth Circuit issued a decision in Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., et. al. …
By Steve Brachmann
6 days ago 0

The Complicated Relationship Between IP Law & Cannabis

For the innovators capitalizing on the legal growth, distribution, and commercial sale of cannabis, the procurement of intellectual property rights can go a long way in the …
By Carly Klein
6 days ago 0

Acting Attorney General Matthew Whitaker Connected to World Patent Marketing Fraudulent Scheme to Bilk Inventors

In May 2018, Scott Cooper and his companies, World Patent Marketing Inc. and Desa Industries Inc., agreed to a settlement with the Federal Trade Commission that bans them …
By Gene Quinn
7 days ago 24

Musically Inclined: The Music Modernization Act of 2018

When Congress permitted sound recordings to be copyrighted over four decades ago, it didn’t extend that coverage to pre-1972 recordings. This issue, and the piecemeal nature …
By Amy Goldsmith
7 days ago 2

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