Last 24 Hours

PTAB Institutes CBM Review of Nasdaq Patents Challenged by MIAX

In early October, the Patent Trial and Appeal Board (PTAB) instituted a series of covered business method (CBM) reviews on patents owned by American stock exchange Nasdaq. …
By Steve Brachmann
6 hours ago 0

More Recent Posts

Writing a Software Patent Application

Any good patent application that covers a software related invention will need to put forth three specific pieces of information. First, you need to describe the overall …
By Gene Quinn
1 day ago 3

Western Tennessee Judge Denies Spotify’s Motions to Dismiss Copyright Infringement Claims Brought by Bluewater Music

U.S. District Judge Jon McCalla of the Western District of Tennessee recently issued an order denying motions made by interactive streaming music provider Spotify to dismiss …
By Steve Brachmann
1 day ago 1

Museum of Modern Art Wins Injunction Against MOMACHA On Merits of Trademark Infringement, Dilution Claims

U.S. District Judge Louis Stanton recently issued an opinion granting an injunction requested by New York City’s Museum of Modern Art (MoMA). The injunction prevents …
By Steve Brachmann
1 day ago 0

Waymo Patent Asserted Against Uber Suffers Setback in Reexamination

he U.S. Patent and Trademark Office issued a final office action in an ex parte reexamination of a patent owned by Google self-driving car development subsidiary …

A Realistic Perspective on post-Alice Software Patent Eligibility

Much of the havoc wrought in the software patent system by the landmark decision Alice v. CLS Bank International, 134 S. Ct. 2347 (2014) stems from the unworkable two-part patent …
By Babak Nouri
2 days ago 5

Judge Denies Beyoncé Motion for Summary Judgment in Feyoncé Trademark Case

On Sunday, September 30th, U.S. District Judge Alison J. Nathan of the Southern District of New York signed a memorandum opinion and order that was officially …
By Steve Brachmann
3 days ago 0

NASA Tech in Your Life, From Hair Care to Coffee Makers to Baby Formula

NASA recently launched a new version of its Home & City website featuring a redesigned, interactive interface designed to give users a sense of the scope of technologies …
By Steve Brachmann
3 days ago 0

Expansion of the Blocking Patent Doctrine: Trading Logic for Gremlins

Since Merck & Co. v. Teva Pharmaceuticals, blocking patent arguments have arisen in the Federal Circuit primarily in the pharmaceutical patent context, and until now have largely been …
By Melissa Brand & Hans Sauer
4 days ago 4

ITC Institutes Section 337 Investigation of ResMed’s Sleep Apnea Masks

On Friday, October 5th, the U.S. International Trade Commission (ITC) issued a notice of institution of a Section 337 patent infringement investigation requested by New Zealand-based appliance …
By Steve Brachmann
4 days ago 0

Conjecture and Speculation in Patent Obviousness: Trading Logic for Hindsight

Hindsight bias, the phenomenon that things seem more predictable and obvious after they have occurred, is one of the most widely-studied “decision traps” in psychology... Patent litigation …
By Hans Sauer & Melissa Brand
5 days ago 7

Supreme Court Asked to Consider Immoral or Scandalous Trademarks

On September 7, 2018, the government filed a petition for writ of certiorari in the case relating to Eric Brunetti’s clothing brand, called FUCT. Although Brunetti has marketed …
By Brian Iverson
5 days ago 1

Judge Rules That Script for “Friday the 13th” Was Not a Work For Hire, Allows Scriptwriter to Reclaim Copyright

District Judge Stefan Underhill of the District of Connecticut issued a ruling on cross-motions for summary judgment in a copyright case involving the cult horror film Friday …
By Steve Brachmann
5 days ago 0

USPTO Publishes Final Rule Adopting Phillips Standard at PTAB

The United States Patent and Trademark Office (USPTO) has published a final rule in the Federal Register changing the claim construction standard applied during inter partes review (…
By Gene Quinn
6 days ago 15

Contracts 101: Covenants, Representations and Warranties in IP License Agreements

It continually amazes me that many business folks who negotiate tons of IP license agreements, fail to understand the difference between covenants, representations, and warranties that are “…
By Raymond Millien
6 days ago 0

Patent Infringement Lawsuit Against Comcast Highlights Attractiveness of Middle District of Florida for Patent Plaintiffs

On August 1st, Fort Myers, FL-based over-the-top (OTT) Internet television provider WhereverTV filed a suit alleging patent infringement against Philadephia, PA-based telecommunications conglomerate Comcast Corporation. Despite the …
By Steve Brachmann
6 days ago 0

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