Posts Tagged: intellectual property


How Can I Sell an Idea for Profit? Unlocking the Idea-Invention Dichotomy

Selling an idea and waiting for lottery-like winnings to arrive at your doorstep seems to be the American dream. It is certainly the dream of every inventor, …
By Gene Quinn
1 day ago 0

Smells Like Trademark Infringement: Nirvana Sues Over Smiley Face Logo

On December 28, 2018, the limited liability company representing famed Seattle-area grunge rock band Nirvana sued clothing designer Marc Jacobs and fashion retailers Neiman Marcus and Saks Fifth Avenue …

No Debate: Article III Standing is a Requisite to Appeal an IPR

On January 11, GKN Automotive LTD. filed a brief in opposition to a petition for writ of certiorari filed by JTEKT Corporation. The question JTEKT seeks to have …
By Gene Quinn
3 days ago 2

In Support of the Right of Dissatisfied Parties to Appeal Adverse IPR Decisions

On January 11th, Askeladden LLC (Askeladden) filed an amicus brief in support of the Supreme Court accepting certiorari from JTEKT Corp. v. GKN Automotive Ltd., No. 2017-1828 (…

Fine Tuning the Trump Administration’s ROI Initiative

The Trump Administration's Return on Investment (ROI) Initiative, which is geared toward increasing the American taxpayer's benefits from federally-supported R&D, is potentially a big step forward. …
By Joseph Allen
6 days ago 0

Limiting Section 325(d) Delegation Will Ensure a More Predictable Inter Partes Review Process

Congress created Inter Partes Review (IPR) to weed out clearly invalid patents that would not have been issued had the United States Patent and Trademark Office (USPTO) …
By Russell Slifer
7 days ago 24

PTAB Grants Additional Briefing to Consider the Impact of USPTO’s Revised 101 Guidance

The PTAB not only assented to Mirror Imaging’s suggestion that a five-page brief be entered in advance of the hearing but added that parties may submit …

A New Court and a New Fix for Alice and Patent Eligibility under Section 101

In Henry Schein, Inc. v. Archer & White Sales, Inc., Case No. 17-1272, Justice Brett Kavanaugh authored an opinion applying a statutory construction principle to the Federal Arbitration …
By Robert Isackson
9 days ago 40

In CAFC Holding Finding Dice Games Abstract, Judge Mayer Delivers Concerning Concurrence

On December 28, 2018, the U.S. Court of Appeals for the Federal Circuit issued an opinion in In re Marco Guldenaar Holding B.V. (2017-2465) in which the …
By John M. Rogitz
9 days ago 6

Iancu v. Brunetti: the Briefs Examined

The U.S. Supreme Court on January 4th granted certiorari to take up Iancu v. Brunetti on appeal from the Court of Appeals for the Federal Circuit. …
By Steve Brachmann
10 days ago 2

IBM Tops Patent Charts (Again) with 9,100 U.S. Patents in 2018

As it has for the past quarter century, IBM today topped the charts for U.S. patent holders, with 9,100 patents granted in 2018. This is the 26th consecutive …
By Eileen McDermott
11 days ago 0

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 months ago 2

Protection Strategies for Growth-Phase Companies

When it comes to the IP rights of your competitors, what you don’t know can hurt you. As your company brings new products to the marketplace, …
By Matthew Grady & Daniel Rudoy
3 months ago 0

Protecting IP Builds Confidence and Encourages Investment in the Future

Protecting IP means securing a portion of a $1.2 trillion industry and the 29 million jobs created directly and indirectly by the mobile connectivity ecosystem. As companies like InterDigital …
By William Merritt
3 months ago 1

Intellectual Property Considerations and Guidance for Start-Ups: Patents

Intellectual property probably isn’t high on the to-do list for most new nonprofits and business start-ups. There’s plenty enough to do with setting up an …