Patent Monetization Reality Check: Can Your Patent Portfolio Survive Due Diligence? | IPWatchdog Unleashed

Patent monetization is often discussed as if the hard part begins when a patent owner makes the decision to license, sell, finance, or enforce its patent assets. That is a mistake and demonstrates a lack of understanding of the difficulties and complexities of patent monetization. By the time a patent owner is sitting across the table from a potential licensee, buyer, lender, litigation funder, or accused infringer, much of the outcome has already been fully determined. The real work begins years earlier in preparation for monetization.

SCOTUS Denies Hyatt Petition on Prosecution Laches, Among Other Patent Denials

On the same day it granted a trademark petition, the U.S. Supreme Court denied certiorari in a number of patent cases as its term nears an end, including the closely-watched case of Hyatt v. Squires, which challenged the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) approach to the doctrine of prosecution laches. In addition to the Hyatt case, the Court also denied cert today in Finesse Wireless LLC v. AT&T Mobility LLC, et. al.; Polar Electro Oy v. Firstbeat Technologies Oy; and Ortiz & Assoc. Consulting, LLC v. Vizio, Inc.

SCOTUS Grants Cert Petition on Trademark Strength Inquiry Over SG Brief Urging Denial

Today, the U.S. Supreme Court granted a petition for writ of certiorari filed by nitro cold brew coffee company RiseandShine Corporation, doing business as RISE Brewing, challenging the U.S. Court of Appeals for the Second Circuit’s application of the likelihood of confusion test in RiseandShine’s trademark infringement case against PepsiCo’s “Mtn DEW Rise Energy” energy drinks. Going against the U.S. Solicitor General’s calls to deny cert even though the Second Circuit erred in treating a trademark’s inherent strength as a question of law, the Supreme Court will answer whether this sub-factor of the consumer confusion analysis presents questions of fact that should be submitted to a jury.

Be Prepared to Navigate the Law of Website Images

Stock photos. Blog thumbnails. Social media posts. Hero images. The image that makes a website look finished is often the same image that triggers a copyright demand letter. The facts usually are ordinary, not dramatic. A business hires a web designer or marketing contractor. The contractor pulls an image from someplace online, uses it on a site or post, and disappears. Months later, the owner receives a letter attaching a Visual Arts, or VA, registration and threatening statutory damages.

ArentFox Schiff LLP is Seeking a Patent Agent / Patent Attorney – Biotechnology

ArentFox Schiff LLP is seeking a patent agent or patent attorney with a minimum of five years of experience preparing and prosecuting patent applications in the biotechnology field at a law firm. The ideal candidate will have substantial experience drafting patent applications directed to in vitro diagnostic assays, along with familiarity in one or more of the following areas: immunoassays, CRISPR-based assays, nucleic acid sequencing and quantification, and related probes, kits, and reagents. Experience with computational biology is a plus but is not required. This position will be based in the firm’s San Francisco or New York office. Ideal candidates will hold an M.S. or Ph.D. in molecular biology or a closely related discipline. Candidates who do not hold a graduate degree, but who possess a B.S. in a relevant field combined with five or more years of post-graduate laboratory or industry experience will also be considered.

Squires Denies Apple IPR Under Revvo for Inconsistent Position on Limiting Preambles

Last week, U.S. Patent and Trademark Office (USPTO) Director John Squires issued a decision denying institution of inter partes review (IPR) proceedings petitioned by tech giant Apple to challenge patent rights owned by WeCrevention, the intellectual property holding subsidiary of Taiwanese semiconductor developer Etron Technology. Director Squires’ ruling continues the ongoing crackdown against gamesmanship at the Patent Trial and Appeal Board (PTAB) by petitioners pursuing positions inconsistent with district court litigation to increase their odds of invalidating competitor patent rights.

Other Barks & Bites for Friday, June 26: EPO Study Shows Courts Moving from Defining to Applying FRAND; FTC Files Amicus in J&J Stelara Antitrust Case; and EUIPO Working Group Endorses IP-Backed Finance Roadmap

This week in Other Barks & Bites: public interest groups voice their opposition to the PRO CODES Act for allowing private ownership of code standards incorporated by reference into public law; the Eleventh Circuit reverses the Middle District of Florida for failing to consider evidence of non-generic use in a cheerleading competition trademark case; the Federal Trade Commission files an amicus brief arguing that no specific intent is required to show that Johnson & Johnson’s patent acquisitions were anticompetitive; the European Patent Office publishes a study analyzing dozens of landmark cases on licensing rate determinations for standards-essential patents; and more.

Subscribe to IPWatchdog

This is the best way to stay informed. We send a daily roundup of our latest news, press releases, and events.

Get Email Updates