Posts Tagged: Guest Contributor


Innovative Use of Patent Examiner Statistics Improves Efficiency and Strengthens Portfolios

We recently handled an application in which the examiner rejected the independent claims as obvious in view of six references from a variety of different fields. Submitting …
By Robert Jensen
3 days ago 1

Negotiating Your First Big Tech Software License

One of the critical moments in the life of a start-up tech company is landing its first big contract with a giant tech company. That first tech …
By Mitchell Stein
6 days ago 2

Protecting Trade Secrets in Europe – An Update

With the June 9 deadline for national implementation fast approaching, we surveyed colleagues in our other European offices to check the state of play in their jurisdiction. The …
By Robert Williams & Toby Bond
6 days ago 0

Claimed and prior art ranges must have meaningful difference for nonobviousness

Patent claims can recite a numerical range and a patent can be awarded based on the novelty and nonobviousness of the claimed range. Normally, compositions are claimed …
By James Yang
7 days ago 3

Issue Preclusion, PTAB, and the Split Federal Circuit: Knowles Electronics v. Cirrus Logic

Under the status quo, neither the patentee nor the public is able to rely on judicial determination of an issue that might later be taken to the …

Blocking Broadcom’s Takeover Ensures U.S. Security

President Trump’s recently halting Broadcom from a hostile takeover of Qualcomm is good news for American national security. Some have cast the administration’s intervention as “…
By James Edwards
9 days ago 0

The CAFC Split Non-precedential Decision in Exergen v. Kaz Raises Interesting Issues About Eligibility Determinations

In Exergen Corporation v. Kaz USA, No. 16-2315 (March 8, 2018), the Federal Circuit, in a split non-precedential opinion, affirmed a holding that Exergen’s claims directed to methods …

How Not to Copy: What is Fair and What is Fair Use?

These issues of fairness and fair use are played out in the recent Oracle v. Google decision. In a convoluted case that has gone up to the …
By Raymond Van Dyke
17 days ago 0

The Accounting Benefits of Legal Finance for IP

There are many reasons that it makes sense for companies, law firms and other entities with valuable IP assets to utilize legal finance. Most are well understood: …
By Katharine Wolanyk
17 days ago 1

The Federal Circuit’s Approach to the Infringement Analysis in Hatch-Waxman Cases

35 U.S.C. § 271(e)(2) provides that it shall be an act of infringement to submit an Abbreviated New Drug Application (“ANDA”) “if the purpose of such submission …
By Theodore Chiacchio
19 days ago 3

Navigating the Uncharted Waters of the Blockchain

Driven by media coverage of extravagant returns for investors in cryptocurrencies such as Bitcoin, Ethereum, and Ripple, among others, some of which have exhibited 100,000 percent or more …
By Alex Nagorniy
25 days ago 1

USPTO to Clarify Guidance on Written Description of Antibodies

The memorandum points to Amgen for stating that the “newly characterized antigen” test could not stand because it contradicted the quid pro quo of the patent system …

Tips For Safeguarding Your Concept, While Making Your Mark on the Wellness Industry

Consumers driving the Wellness industry seek more than just a clothing company, a new workout, or a healthy alternative to the standard lunchtime sandwich – they value brand …
By Emma Green
1 month ago 0

Controversy Over Restasis Patents is Misplaced

Competitors like Mylan and Teva, rather than inventing better treatments or cures for dry eyes chose the shortcut. They attacked Allergan’s patent in the PTAB. Allergan …
By Josh Malone
1 month ago 6

Fishing for Trade Secrets

Modern discovery can be quite disruptive and expensive. Recognizing that there is a particular danger of abuse in trade secret cases, where defendants are often individuals or …
By James Pooley
1 month ago 2