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Petition Seeks Rare En Banc Review to Clarify Whether PTAB Can Overrule Article III Courts
Chrimar Systems, Inc. filed a petition for en banc rehearing with the Federal Circuit on October 21 asking it to review the so-called Fresenius-Simmons preclusion principle. The petition …
This Week in Washington IP: America’s Innovation Leadership, Facebook’s Financial Industry Impact and Personal Data Ownership
This week in tech and innovation hearings in Washington, D.C., the House of Representatives explores issues related to emerging cyber threats, Facebook’s cryptocurrency and its …
Tangled Up in ‘Blue Ivy’: Beyoncé Battles Massachusetts Wedding Planner in Trademark Dispute
Beyoncé is more than just one of the music industry’s most recognizable stars. She has built a business empire that extends into entertainment production, fashion, major …
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USPTO Issues Additional Subject Matter Eligibility Guidance
On Thursday, October 17, the USPTO issued new patent eligibility guidance. The new guidance discusses and elaborates on the 2019 Revised Patent Subject Matter Eligibility Guidance (PEG) that was …
Whirlpool Corporation Seeking a Senior Manager, Legal Counsel-Patents
Whirlpool Corporation is seeking a Senior Manager of Legal Counsel-Patents. This position is a full-time, permanent position in St. Joseph, Michigan. This position will be responsible for …
A Thank You from IPWatchdog As We Celebrate 20 Years
On Thursday, October 10, 2019, IPWatchdog.com celebrated 20 years of continuously being on the Internet. In typical IPWatchdog style, we had a great celebration at The Park at 14th, …
Other Barks & Bites, Friday, October 18: USPTO Updates Subject Matter Eligibility Guidelines, China Receives Half of 2018 Global Patent Filings, US Inventor to Host Rally
This week in Other Barks & Bites: US Inventor will host an inventor rally during AIPLA’s Annual Meeting to protest the PTAB; the Federal Circuit vacates dismissal …
Donald Dunner: Looking Back On an IP Icon
Donald Dunner was born in 1931 and spent the first 17 years of his life growing up in New York City’s borough of Brooklyn. In a November 2009 interview …
Professors Brief Capitol Hill Staffers on Proposal to Weed Out ‘Bad Patents’
On Thursday, October 17, a Capitol Hill staff briefing will take place at 3:30 PM in 226 Dirksen Senate Office Building on a proposal to increase the amount of time …
Nonprecedential CAFC Decision Presents Questions of Standing
In Knauf Insulation, Inc. v. Rockwool International, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the Patent Trial and Appeal Board’s …
The Changing Landscape of Copyrights Part II: The Warhol Case Continues Trend in Favor of Fair Use
In my previous post, I explored how times have changed for photographers who once appeared to have the upper hand in copyright infringement disputes with appropriation artists …
Commvault Seeks Patent Counsel Experienced in Software Patent Portfolio Generation
Commvault
is seeking a talented Patent Counsel experienced in software patent portfolio generation, as well as advising legal and business teams, to join our dynamic and expanding …
Rest in Peace Friend: Remembering Donald Dunner
It is with great sadness that I write today on the occasion of the passing of a true legend in the patent world. Donald Dunner, a partner …
Were the Wright Brothers Patent Trolls? One View of R Street Institute’s Capitol Hill Panel on Patents
On Tuesday, I attended a panel discussion on the National Security Implications of Patents along with my siblings, Madeline and Gideon Malone, and we were informed that …
The Global Implications of the CJEU’s Ruling in Google ‘Right to Be Forgotten’ Case
On September 24, the Court of Justice of the European Union (CJEU) delivered its decision in case C-507/17, Google v. CNIL regarding the territorial scope of the “right …
Facebook Sued by FinTech Company Over Calibra Logo
Facebook is being sued by online banking company, Finco Services, Inc., which operates as Current, for trademark infringement, unfair competition, and false designation of origin relating to …
PTAB Invalidates Nasdaq Patent Claims on Automated Securities Trading in Series of CBMs
On October 9, the Patent Trial and Appeal Board issued a final written decision in a covered business method (CBM) review which invalidated all 38 claims of Nasdaq’s …
The Changing Landscape of Copyrights: Hope Shifts from Photographers to Users
Copyrights protect original works of authorship fixed in a tangible medium of expression. When photographers take pictures of individuals, there are substantial questions regarding the elements that …
Register of Copyrights Testifies on Copyright Office Modernization, Streaming Piracy and Music Modernization Act Implementation
On Tuesday, the Senate Judiciary Committee’s Subcommittee on Intellectual Property convened an oversight hearing of the U.S. Copyright Office featuring testimony from Karyn Temple, the …
Centuries of Innovation in Barbecue and Grilling Develop a Distinctly American Flavor
Summer holidays bring out the largest number of barbecue fanatics and the three top holidays for grilling are the 4th of July, Memorial Day and Labor Day. …
A Complete Guide to Protecting Images from Photo Theft
One of the first and easiest steps any photographer can take in protecting images against photo theft is to lower the resolution and size of their photos …
Arent Fox Seeks Patent Staff Attorney or Agent for New York Office
The New York office of Arent Fox LLP is seeking a patent staff attorney or agent with at least 3 years of experience in patent preparation, drafting and …
University of New Hampshire Seeks Clinical Professor & Director of IP Clinic
The University of New Hampshire School of Law, a national leader in intellectual property and public-interest law with a commitment to inclusion, diversity, and quality engagement for …
Other Barks & Bites for July 26: FBI Conducting Chinese IP Theft Probes, ANDA Legislation Introduced and UK Discusses Post-Brexit IP Exhaustion
This week in Other Barks & Bites: a series of bills introduced into Congress aim to improve prospects for minority inventors, eliminate compulsory copyright licenses in broadcast TV …
RPX Corporation is Seeking a Senior Patent Analyst in San Francisco, CA
RPX Corporation is seeking a full time, permanent Senior Patent Analyst in San Francisco, CA. The Senior Patent Analyst will be tasked with assessing patent validity. In …
Eleventh Circuit Affirms Contributory Trademark Infringement Verdict Against Landlord for Luxury Eyewear Manufacturers
On August 7, the U.S. Court of Appeals for the Eleventh Circuit affirmed a jury verdict from the U.S. District Court for the Northern District of …
Countering Cultural Appropriation Through Trademark Laws
Recent controversy surrounding Kim Kardashian's truncated move to trademark the term "Kimono" for her new line of undergarment shapewear has subsided, with Kardashian formally announcing that she …
The Latest Online Book Piracy Scams: Catfishing, Profile Theft and False Endorsements
In my previous article for IP Watchdog, “An Awareness Crusade Against the Online Piracy of Books,” I delved into the growing problem of book piracy. I knew …
Antitrust Experts Characterize FTC v. Qualcomm Decision as Mangling of Sherman Act’s Section 2
Judge Douglas Ginsburg of the U.S. Court of Appeals for the D.C. Circuit, Professor Joshua Wright, and attorney Lindsey Edwards of Wilson Sonsini Goodrich & Rosati, …
CJEU Backs Kraftwerk in Music Sampling Copyright Case
The Court of Justice of the European Union (CJEU) has ruled that a phonogram producer can prevent another person from taking a sample, even if it is …
Aurora Consulting Is Looking for an Experienced Patent Strategy Specialist
Aurora Consulting is looking for an experienced Patent Strategy Specialist to help drive strategic portfolio management, rapid growth, and long-term success for early-stage and emerging growth companies. …
Farewell Brazilian Backlog: Brazilian PTO Introduces Standardized Office Action Program
The Brazilian PTO has officially introduced its longed-for strategy to solve the enduring patent backlog problem in Brazil. The plan is to reduce the patent backlog by …
Other Barks & Bites, Friday, August 9: IP Litigation Getting More Expensive, WIPO Launches .CN Dispute Resolution Service
This week in Other Barks & Bites: WIPO launches dispute resolution service for Chinese domain names; Morrison Foerster report shows that IP litigation costs are increasing as the …
Registering your website with the Chinese government?
Doing business in China is exciting and potentially lucrative; however, there are “hidden” traps. Most of these hidden traps have been extensively discussed in the Western world – …
What happens when lifestyle drugs like Viagra and Cialis lose patent protections?
Each year, millions of men rely on pharmaceuticals like Viagra and Cialis for their erectile dysfunction (ED), but they may not be the only ones facing dysfunctionalities. …
Alternate Approaches to the Valuation of Intellectual Property
Techniques for valuing intellectual property continue to develop, especially as access to information becomes easier and more efficient. The practice of valuing intellectual property has only been …
Federal Circuit Affirms TTAB Refusal to Register ‘CHURRASCOS’
In a May 13, 2016 decision, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision upholding an Examiner’s denial of registration based on a finding …
The Myth of the 18-Month Delay in Publishing Patent Applications
Starting in November 2000, the USPTO started publishing patent applications 18 months after their earliest filing date. So the simple assumption is that you file a patent and 18 months …
Reflections on Taking the Patent Bar Exam
If you are reading this article beyond the title, you are either preparing to take the USPTO’s patent bar exam or you are considering whether you …
Design Patent Infringement: How to decide if you should sue
First, look at the merits of the infringement claim. They may be stronger than you think, and you can thank a 2008 ruling for that. That year, the …
Top Patent Law Firms for 2017
We compiled a list of the top patent firms that are ranked based on the total number of U.S. utility patents that issued in 2017 where the …
Top Patent Firms for 2016
A list of the top patent firms that are ranked based on the total number of U.S. utility patents that issued in 2016 where the patent firms …
Beat the Odds: How to Get Your Invention Licensed
Many inventors believe the way to get a company interested in their inventions is to write a letter – and then hope they receive an invitation to begin …
Does University Patent Licensing Pay Off?
Patent licensing or creating new companies is not a get rich quick path for schools despite the occasional blockbuster invention or Google spin-out. Indeed, enriching universities is …
These Are the 20 Hardest and Easiest Art Units
Art Unit 3689 has the lowest allowance rate at 7.7%. Art Unit 3659 has the highest at 98.3%. Oddly enough, these two art units are from the same technology center. It’…
Comic-Con Considerations: Cosplay, the Right of Publicity, and Copyright Concerns
For as much as Comic-Con is about comics, TV, and upcoming movies, it’s not hard to see that a large portion of its allure for fans …
Do Patents Truly Promote Innovation?
Invention, it has been shown, is driven primarily not by genius or happenstance but rather by markets and the expectation of the profit that can be gained …
10 Years Later – A Look at the Efficacy of the Pre-Appeal Brief Conference Program
For 61% of the non-defective requests, the panel decided that there was an actual issue for appeal, such that the applicant would either need to file an Appeal …
The Cost of Obtaining a Patent in the US
Estimating US patent costs is a difficult matter because so much depends on the technology involved, but answering "it depends" is not particularly insightful or helpful. What …
Protecting Ideas: Can Ideas Be Protected or Patented?
Unfortunately, despite what you may have heard from late night television, satellite radio commercials or snake oil salesmen, there is no effective way to protect an idea… …
Patent Searching 101: A Patent Search Tutorial
Inventors and entrepreneurs who are looking to cut costs frequently want to do their own patent search. This is a wise first move, but inventors need to …
Moving from Idea to Patent – When Do You Have an Invention?
In order to protect an idea it must mature into an invention first. This means that you need to be able to explain to others how to …
Patent Claim Drafting 101: The Basics
When writing a claim it is important to describe how the various components are structured and how the various components interact and connect. First, include a claim …
The Top 5 Mistakes Inventors make with their Invention
Generally speaking the first step toward commercializing an invention and making money is typically to pursue the patent path. For those new to the industry it is …
Tricks & Tips to Describe an Invention in a Patent Application
One excellent way to make sure you are including an appropriately detailed description that treats a variety of variations and alternatives is to have many professional patent …
Getting Your Invention to Market: Licensing vs. Manufacturing
Of course, whether you are going to pursue licensing or manufacturing, for the first lesson is to realize that there are no tricks to invention marketing. It …
Patent Drawings and Invention Illustrations, What do you Need?
If you are going to file a patent application you must have drawings to include in the application, but patent drawings are not the only type of "…
The Law of Recipes: Are Recipes Patentable?
In most cases the typical recipe for a "killer Margarita" or "the best barbeque sauce ever" will not be patentable, but the only way to know for …
Good, Bad & Ugly: Truth About Provisional Patent Applications
Whether that provisional patent application can ever be useful moving forward is unknown and unknowable at the time it is filed, which allows for those who knowingly …
Patent Drawings 101: The Way to Better Patent Applications
To properly accomplish the goal of having the best disclosure possible you should also not think in terms of a single patent drawing or illustration, but rather …
When is an Invention Obvious?
That being said, the possibility that a utility patent could be obtained cannot be definitively ruled out even if an invention seems quite likely to be obvious, …
Utility Patent Applications – Content and Substance
In order to obtain a utility patent one must file what is referred to as a non-provisional application or a non-provisional utility application. It is called “non-provisional” …
The Benefits of a Provisional Patent Application
Like any other patent application, a provisional patent application is effective to stop the clock relative to so-called statutory bars and immediately upon filing a provisional patent …
