Posts Tagged: patent


Michelle Lee to Stay on as USPTO Director

This morning fresh, credible rumors are surfacing that suggest later today an announcement will be made that Michelle Lee has been asked to stay on as Under …
By Gene Quinn
18 hours ago 43

District Court Broadens Scope of Patent Ineligibility Under § 101 for a Treatment Method

The '156 patent discloses methods of treating and/or preventing metabolic diseases, particularly diabetes, in patients for whom metformin therapy is inappropriate due to intolerability or contraindication …

Is Michelle Lee Refusing to Leave the USPTO?

I learned from a credible source that Lee was either refusing to resign or perhaps attempting to revoke her letter of resignation. Shortly thereafter I was told …
By Gene Quinn
1 day ago 17

CAFC finds graphical user interface patent claims eligible, CBM decision still pending

The Federal Circuit has found claims to a graphical user interface (GUI) patent to be patent eligible. See Trading Technologies International, Inc. v. CQG, Inc. The decision …
By Gene Quinn
2 days ago 11

America Needs Startup Experience in the USPTO Director

We just don’t need another lawyer or lobbyist to run the USPTO. We need more this time. We need someone from the grassroots who understands the …
By Paul Morinville
2 days ago 8

Other Barks & Bites for Wednesday, January 18th, 2017

This week’s news headlines include nomination hearings for the potential incoming U.S. Commerce Secretary, the Supreme Court’s granting certiorari for an important case in …
By Steve Brachmann
2 days ago 3

Infringe at Will Culture Takes Hold as America’s Patent System Erodes

Perhaps when the Senate Banking Committee convenes to consider the nomination of Wall Street attorney Jay Clayton as the new head of the Securities and Exchange Commission …
By Gene Quinn & Peter Harter
3 days ago 24

Lex Machina litigation report shows 22% drop in patent infringement suits for 2016

For the year patent infringement cases dropped by 22 percent from the previous year, from 5,823 cases in 2015 down to 4,520 cases in 2016. 2016 actually saw the lowest number of patent …
By Steve Brachmann
3 days ago 0

Sony files patent infringement suit against Fujifilm in S.D. Fla. over magnetic tape media

On December 15th, Japanese electronics conglomerate Sony Corp. filed a patent infringement lawsuit in U.S. district court against Japanese photography and imaging company Fujifilm. At the …
By Steve Brachmann
4 days ago 1

The Equitable Defense of Laches: SCA Hygiene Products v. First Quality Baby Products

The equitable defense of laches has been a useful tool for defendants in intellectual property litigation for over a hundred years, but a recent case in the …
By Tamany Bentz & Taylor Sachs
5 days ago 0

Changed Standard for Design Patent Damages Means More Design Patents Necessary

For patent holders in design patent infringement cases, having multiple component design patents for any given product will help maximize the potential damage award. A multiple design …
By Matt Scyoc & Gene Quinn
5 days ago 0

Federal Circuit Upholds Sanctions and Attorney’s Fees for Vexatious Litigation and Frivolous Appeal

The Court upheld the district court’s award of attorneys’ fees and costs, finding ample support in the record for Walker’s vexatious conduct, and no legitimate …

Who will President Trump Nominate as the next Director of the Patent and Trademark Office?

Among the names under consideration is Randall Rader, the former Chief Judge of the United States Court of Appeals. But according to patent expert and noted commentator …
By Gene Quinn
7 days ago 17

Federal Circuit Affirms PTAB Decision on Obviousness, Judge Newman Dissents

The Court’s opinion stresses that in an obviousness analysis, it should consider “whether the improvement is more than the predictable use of prior art elements according …

CAFC: When Relying Common Sense There Must be Explicit and Clear Reasoning

The Board’s determination was “potentially lawful but insufficiently or inappropriately explained.” The finding of obviousness was vacated and the case was remanded for further proceedings... Obviousness …