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A Look at the Briefs in Thryv v. Click-to-Call Before Supreme Court Oral Arguments
On Monday, December 9, the U.S. Supreme Court will hear oral arguments in Thryv, Inc. v. Click-to-Call Technologies, LP. The case, which has gone through multiple name …
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Russian Court Rules Keyword Ads Generated by a Web Service Do Not Violate Trademark Rights
Businesses often resort to placing keywords in the html code of a web page, meta tags, or in contextual advertising templates for promoting their products on the …
Other Barks & Bites, Friday, December 6: Lawmakers Concerned with Copyright Restatement, USPTO Pushed to Keep SEP Injunction Policy, Qualcomm Pushes Back on Koh at Ninth Circuit
This week in Other Barks & Bites: the U.S. Supreme Court hears oral arguments over copyright status of the Official Code of Georgia Annotated; the Federal Circuit …
New Bill Would Empower U.S. Customs to Enforce Design Patents at U.S. Border to Combat Imported Counterfeit Goods
Yesterday, the Counterfeit Goods Seizure Act of 2019 was introduced in the U.S. Senate to empower U.S. Customs and Border Protection to enforce U.S. design …
Ericsson Wins, But CAFC Dodges Whether Offers Were FRAND
Earlier today, the United States Court of Appeals for the Federal Circuit issued a decision in a standard essential patent (SEP) appeal involving Ericsson and TCL Communication …
Gene Quinn Named One of the 50 Most Influential People in IP by Managing IP
Managing Intellectual Property Magazine has named IPWatchdog Founder and CEO as one of its 50 Most Influential People in IP for 2019. Managing IP’s write-up pointed to IPWatchdog’…
Patentees Need to Act Fast as the EPO Opposition Timeline Tightens
In early 2019, we undertook a comprehensive research project to develop a forensic understanding of European Patent Office (EPO) oppositions, particularly in the life sciences sector, analyzing EPO …
Another Front in China’s Economic War: Senate IP Subcommittee Seeks to Solve USPTO’s Fraudulent Trademarks Problem
Senator Thom Tillis (R-NC) yesterday led a hearing of the Senate Committee on the Judiciary’s Subcommittee on Intellectual Property titled “Fraudulent Trademarks: How They Undermine the …
OSI Pharmaceuticals Decision Has Limited Use in Supporting Patentability of Method of Treatment Claims
Earlier this month, Mallinckrodt succeeded in its inter partes review (IPR) challenge against patent owner Biovie, Inc. (Biovie). The Patent Trial and Appeal Board’s (PTAB’s) …
Overcoming Cognitive Bias in Patent Filing and Maintenance Decisions
During this turbulent era in the history of the U.S. patent system, many enterprises have pursued new models for IP strategy and execution. Others have taken …
The USPTO Wants a Rehearing in Arthrex: Now is the Time to Put the PTAB on Trial
On November 13, the United States Patent and Trademark Office (USPTO) requested the U.S. Court of Appeals for the Federal Circuit suspend all consideration of an appeal …
No Justice for Small Company Innovators: Make Your Voice Heard on the America Invents Act, IPRs, and the CAFC’s Rule 36
My company, Chestnut Hill Sound Inc. (ChillSound), has been victimized by a U.S. patent system that for nearly a decade has been in a sorry state. …
Congress Includes an Ugly Sweater in the STRONGER Patents Act
It is not unusual for there to be unintended consequences in the law or life. A loved one gives you something you don’t really like, but …
RPX Corporation is Seeking to Hire a Senior Patent Engineer
RPX Corporation is seeking to hire a Senior Patent Engineer to join their Patent Analysis Department. The position is a full-time, permanent position, located in San Francisco …
One Inventor’s Unsolicited Congressional Testimony Following Arthrex
Since inventors are rarely allowed to participate in patent discussions in Congress, I would like to submit my testimony here. In Arthrex, the Federal Circuit in effect …
This Week in Washington IP: Fraudulent Trademarks, Facial Recognition Technology and Implementing MOBILE NOW for 5G Wireless Spectrum
This week in Washington, D.C., the Senate Subcommittee on Intellectual Property holds a hearing to look at ways to reduce the number of fraudulent trademark application …
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. …
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 …
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 …
Will SCOTUS Solve the Section 101 Problem with Athena? These Patent Experts Hope So
Athena Diagnostics filed its petition for certiorari with the U.S. Supreme Court yesterday in Athena Diagnostics v. Mayo Collaborative Services. There is a strong argument for …
Harrity & Harrity Is Looking for a Highly Experienced Patent Attorney
Harrity & Harrity, LLP is looking for highly experienced, remote patent attorneys to review patent applications and patent application prosecution for leading global technology companies, including numerous Patent 300™ …
After Final Consideration Pilot Program 2.0 Extended by USPTO
The United States Patent and Trademark Office has announced that the After Final Consideration Pilot 2.0 (AFCP 2.0) has been extended to September 30, 2020. AFCP 2.0 is part of our ongoing …
Arent Fox Seeks Patent or Staff Attorney for its New York Office
The New York office of Arent Fox is seeking a patent associate or staff attorney with 2-4+ years of experience in both patent prosecution and litigation. Candidates …
FTC Commissioner Christine Wilson Tells Patent Masters Attendees FTC v. Qualcomm Decision ‘Scares Me’
Commissioner Christine Wilson of the U.S. Federal Trade Commission (FTC) addressed the IPWatchdog Patent Masters Symposium on Tuesday, September 10, emphasizing three main points in her keynote: …
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 …
Happy 20 Years, IPWatchdog! Celebrating Two Decades of Unmatched IP Insight
Today marks 20 years since the date of IPWatchdog.com’s launch. Happy Birthday to Us! As IPWatchdog Founder and CEO Gene Quinn recalled at the 10-year mark, …
University of New Hampshire Franklin Pierce Launches Innovative Hybrid JD Program
In the digital age, it’s curious that so many online educational opportunities exist, yet very few provide a legal education. To meet this growing need, The …
CAFC Reiterates Sovereign Immunity Is a Shield, Not a Sword
On September 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) held that state sovereignty principles asserted by the Board of Regents of the University …
Temple and Hayden Respond to Tillis on Copyright Modernization Efforts
In August, amid growing concern that the U.S. Copyright Office has become antiquated and out of touch with the needs of modern users, Senator Thom Tillis …
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 …
Romag Fasteners: IPO Departs From Other Amici in Urging SCOTUS to Require Willfulness to Award Trademark Profits
The Intellectual Property Owners Association and four other associations have filed amicus briefs with the Supreme Court in the case of Romag Fasteners v. Fossil, Inc., Fossil …
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. …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
