Posts Tagged: Guest Contributor

Working Out with Octane Fitness: Four Years Later

On February 2, 2018, in Sophos Inc. v. RPost Holding, Inc., Judge Denise Casper became the latest judge to declare a case “exceptional” under 35 U.S.C. § 285 and award …

Succeeding With Consistent Portfolio Audits

To keep pace with competitors, businesses must constantly monitor, adjust, and streamline their patent portfolios. Doing so ensures that portfolios deliver the maximum potential return on investment …
By John Boyd
23 days ago 0

How Patent Owners Can Disqualify Prior Art References Relied Upon by Petitioner for Unpatentability

To request cancellation of one or more claims of a patent in an inter partes review (IPR), a petitioner must challenge the claim on the basis that …
By Joshua Javitz
25 days ago 10

Examining CAFC Application of §271(g)(1)’s ‘Materially Changed’ Exception to Infringement Liability

35 U.S.C. § 271(g) was enacted in 1988 as part of the Process Patents Amendments Act to address instances where would-be infringers were avoiding infringement liability by using …
By Theodore Chiacchio
25 days ago 0

What Patent Attorneys, Patent Agents and Law Firms Need to Know about Client Communications

Recently, however, the USPTO and the Federal Circuit have both clarified that a patent agent’s communications related to his or her authorized practice are protected in …

Investor’s Guide to Safe Cryptocurrency Trading Online

It is no wonder that Bitcoin has recently reached a record of $600 billion in the total market value, and Thomas J. Lee, the head of research at …
By Lucy Gregory
28 days ago 0

Emotional Intelligence: Are You Too Smart?

When I give talks on emotional intelligence, I usually get the following question: “I have an employee who is brilliant, but I just can’t promote her.” …
By Bernard Knight
1 month ago 5

Some Lessons From the Waymo (Alphabet) Versus Uber Theft of Trade Secret Litigation

Although the amount of the settlement was far less than $2.7 billion in amount sought by Waymo, the settlement apparently did include a payment from Uber of 0.34% of …
By Peter J. Toren
1 month ago 0

Where Does Blockchain Fit in Digital Rights Management?

The lawsuit is the latest example of content creators chasing down a third party that does not directly infringe content but rather facilitates infringement through a combination …

Exmark: Reasonable Royalty Damages, Apportionment and Expert Opinions

While Exmark invites a more flexible approach to apportionment, allowing, at least in some cases, a focus on the royalty rate to value the patented invention, the …

IP and Sovereign Immunity: Why You Can’t Always Sue for IP Infringement

The overlap between sovereign immunity and IP issues is not something that comes up all of the time. However, when it does, the impact of the immunity …
By Mitchell Feller
2 months ago 2

DMCA 2017: 9th Cir. decides safe harbor, anti-circumvention cases

In 2017, there were several noteworthy decisions relating to the Digital Millennium Copyright Act (DMCA). Specifically, the Ninth Circuit addressed two separate cases, one dealing with safe harbor …
By Heather Smith-Carra
2 months ago 0

IP Portfolio Managers need to shift from IP-centric to business-centric strategies

Instead of following the same IP plan year after year, IP managers should focus their strategy on aligning their IP with their business, including developing a more …
By Vincent Brault
2 months ago 3

The Bill Carpenter Story: The Path to a Granted United States Patent

We started working with California Lawyers for the Arts (CLA), a nonprofit serving as statewide administrator for the California Inventors Assistance Program (CIAP). The firm assisted Bill …
By Dan Ovanezian & Scott Breining
2 months ago 3

Can the name of a fictional, intergalactic game evolve into a trademark protectable in the world of mere groundlings?

In its latest action in a multi-jurisdictional conflict with a mobile gaming producer, Lucasfilm Ltd. LLC and Lucasfilm Entertainment Company Ltd. LLC filed a complaint for trademark …
By Cliff Kuehn
2 months ago 7