Posts Tagged: patent


Global Patent Landscape 2018: Where to File and Why

Join Gene Quinn, patent attorney and founder of IPWatchdog.com, for a free webinar discussion – Global Patent Landscape 2018: Where to File and Why – on Thursday, March 22, 2017, at 12…
By Gene Quinn
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PTAB Trial Practice After Wi-Fi One: Challenges and Opportunities

On January 8, 2018, the United States Court of Appeals for the Federal Circuit issued its long-awaited en banc decision in Wi-Fi One LLC v. Broadcom Corporation. This decision …
By Gene Quinn
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Drafting Quality Patents: Avoiding 112 Rejections at the USPTO

The value of a patent, for better or worse, is related to the likelihood that it could be successfully defended against challenges. In the past it was …
By Renee C. Quinn
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Patents, Copyrights and the Constitution, Perfect Together

James Madison — the fourth President of the United States and the father of the U.S. Constitution — wrote the usefulness of the power granted to Congress in …
By Gene Quinn
16 hours ago 4

Despite Discovery Violations, Amneal Prevails on against Merck in Nasonex Patent Dispute

Merck appealed the lower court’s finding of non-infringement of U.S. Patent No. 6,127,353 (“the ‘353 patent”), which is directed toward mometasone furoate monohydrate (“MFM”), commercially used in …

Federal Circuit vacates PTAB decision for failure to explain reason claims were invalid

Unlike the Board’s anticipation determinations, which contravened the only permissible findings that could be drawn from the prior art under the proper constructions of the relevant …

Is there a Light at the End of the Alice Tunnel?

Maybe I’m being too optimistic. But in a pair of decisions issued within a week of each other, Berkheimer v. HP and Aatrix Software v. Green …
By Meredith Addy
2 days ago 29

PTAB Ruling Tainted by Hindsight; Failure to Consider Undisputed Commercial Success

The Federal Circuit also remanded to the Board further consideration of the undisputed evidence presented by Polaris that its ATVs were a commercial success. Polaris presented undisputed …

CAFC says PTAB Entitled to Weigh the Credibility of Experts, Ignore Attorney Argument

Elbit’s expert argued that the asserted claims were obvious because the two-step and three-step methods are “mathematically equivalent” in that the three-step method simply reorders steps …

Didi Chuxing acquires 150 patents in automotive, self-driving space

International patent brokerage and Intellectual Property advisory firm Tangible IP is poised to announce that it has successfully brokered the sale of a patent portfolio of close …
By Gene Quinn
3 days ago 0

Nordt Succeeds in Appeal to Federal Circuit on Knee-Brace Application

Despite its ultimate conclusion, the Court observed that Nordt failed to “persuasively or precisely” articulate to the Board “what structural limitation is imparted” by the “injection molded” …

Federal Circuit Affirms Preliminary Injunction

Turning to the injunction, Infineon was enjoined from undertaking certain activities concerning products in the Exclusive Field that practice the licensed patents. The Court vacated this provision …

Distribution Agreement Considered a Commercial Offer and On-Sale Bar

The Federal Circuit reiterated that the on-sale bar does not exempt commercial agreements between a patentee and its supplier or distributor. It is the commercial character of …

CAFC affirms PTA calculation because patentee did not properly request early national stage examination

The Federal Circuit found that Actelion was required to make an express request to commence early national stage examination. Actelion’s statement “earnestly soliciting early examination,” which …

Berkheimer v. HP: Federal Circuit says patent eligibility a factual determination inappropriate for summary judgment

Berkheimer is also equally important, if not more important, because it stands for the proposition that questions of fact can and do underline patent eligibility determinations. This …
By Gene Quinn
4 days ago 14