Posts Tagged: patents


The Ability to Synthesize DNA: Marvin Caruthers Revolutionized DNA Synthesis

The ability to synthesize DNA through chemical processes is undoubtedly a marvel among modern technological advances and figures into a wide array of industry sectors... This Tuesday, …
By Steve Brachmann
15 days ago 1

Apple Brings Patent Battle Against Qualcomm to PTAB With Six IPR Petitions on Four Patents

If Qualcomm's allegations are true, Apple will apparently stop at nothing to avoid paying licensing fees for Qualcomm’s patented technologies. Qualcomm’s tortious interference suit against …
By Steve Brachmann
16 days ago 2

Burden to Prove Patentability of Proposed Amended Claims Improperly Shifted to Patent Owner in IPR

The Federal Circuit found that substantial evidence supports the Board’s conclusion that a person of ordinary skill in the art would have been motivated to combine …

Understanding U.S. Patent Prosecution

The journey to a patent begins much before actually filing the patent application, but this article, however, provides an overview of the patent application and patent prosecution …
By Gene Quinn & Michael Benson
18 days ago 4

Federal Circuit Vacates TTAB’s Findings That ZERO Is Not Generic And Acquired Distinctiveness

In Royal Crown Co. v. Coca-Cola Co, the USPTO approved The Coca-Cola Company’s combination marks including the term ZERO, to be used on a variety of …

Federal Circuit invites SAP America to Respond to InvestPic Petition for Rehearing

InvestPic filed a combined petition for panel rehearing and rehearing en banc on June 19, 2018, making two arguments. First, that the original decision must be vacated and remanded …
By Gene Quinn
20 days ago 3

Blockchain Patenting Strategies in view of the Berkheimer Decision

The same factual analysis required in Berkheimer under step 2B should apply to fundamental economic practice analysis of claims under step 2A. The questions have similar factual …
By Thomas Isaacson
21 days ago 1

Supreme Court to hear Helsinn v. Teva, decide AIA Secret Sales

On Monday, June 25, 2018, the United States Supreme Court granted cert. in Helsinn Healthcare S.A., v. Teva Pharmaceuticals USA, Inc. The single question presented by Helsinn in …
By Gene Quinn
22 days ago 15

New Licensing Model Offers Free Patent Licenses to Startups and Small Businesses

iPEL announced its Initial License Offering, available only through the end of 2018, which provides all companies an opportunity to secure a license to iPEL’s entire worldwide …
By Gene Quinn
22 days ago 1

The Real IPR Gauntlet: What USPTO Statistics Don’t Show

87.2% of patents in the study, per the table, were subjected to just 1 or 2 IPR petitions – so gang tackling is no big deal. But make this simple observation: …
By Aaric Eisenstein
23 days ago 30

PayPal Secures Patent for Augmented Reality Glasses

The unusual direction of innovative developments in the field of fintech is underscored by U.S. Patent No. 9953350, called Augmented Reality View of Product Instructions, which was …
By Benjamin Joe
24 days ago 1

Patent Applications 101: Drawings Really Should be Required

Better practice remains to file applications with any and all drawings necessary to understand the invention. The best practice is not only to file what is necessary, …
By Gene Quinn
25 days ago 2

Industry Reaction to WesternGeco LLC v. ION GeoPhysical

We reached out to our distinguished panel of industry insiders, and the initial reaction is this decision is a clear win for patent owners. Efrat Kasznik: "The …
By Gene Quinn & Renee C. Quinn
26 days ago 0

Denying Inducement to Infringe in Face of a Drug Label: A Fool’s Errand?

Proving inducement to infringe requires showing that the accused infringer possessed “specific intent” to infringe. In pharmaceutical cases, particularly those arising in the Hatch-Waxman framework, specific intent …

Courts Can Consider Prevailing Party’s Litigation Conduct When Deciding to Award Attorney’s Fees

The court will consider the totality of the circumstances, including the prevailing party’s conduct in the litigation, such as the nature and timing of its relevant …

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