Last 24 Hours

Supreme Court Petition Challenges PTAB’s Constitutionality Under the Takings Clause

Advanced Audio’s petition for writ of certiorari notes, all five patents were filed with the U.S. Patent and Trademark Office prior to the enactment of …
By Steve Brachmann
30 minutes ago 0

Narrowly Construing the Bright-line Eligibility Prohibition Does Not Prevent Policing of Overbroad Claiming

Narrowly construing the § 101 eligibility exception for abstract ideas is not only suggested by Supreme Court guidance, but also could potentially allow for increased coherence and consistency while …
By Jeremy Doerre
20 hours ago 3

Petition for En Banc Review Asks Federal Circuit for Clarity on Single Reference Obviousness

The focus of the appeal is the need for clarity with respect to hopelessly irreconcilable caselaw on the issue of single reference obviousness... Decisions from the Federal …
By Gene Quinn & Steve Brachmann
24 hours ago 4

More Recent Posts

Complaint Alleges Balenciaga Copied Design of Affordable NYC Souvenirs for Luxury Knockoffs

A New York City-based souvenir and apparel firm City Merchandise filed a complaint alleging claims of copyright infringement against the American subsidiary of French luxury fashion house …
By Steve Brachmann
2 days ago 1

Compromise on Music Modernization Act Leads to Unconditional Support From Music Industry Organizations

A collection of trade organizations representing music publishers and songwriters recently released a joint statement in which all announced unconditional support for S.2823, the Music Modernization Act (…
By Steve Brachmann
2 days ago 0

The CRISPR Tug of War

The University of California (“UC”) and The Broad Institute, Inc. (“Broad”) are among the leaders in the development of CRISPR technology.  Both UC and Broad filed patent …

Nintendo Files Copyright, Trademark Infringement Suit Against Operator of ROM Websites

Nintendo’s complaint targets the operator of LoveROMS.com and LoveRETRO.co who has made thousands of Nintendo titles available online for free from platforms including the …
By Steve Brachmann
3 days ago 2

United Cannabis Responds: Highly enriched extracts of plant cannabinoids are inventive

I note that the ‘911 patent claims are novel and inventive because they are directed to never before made liquid formulations of highly enriched extracts of plant cannabinoids. …
By Jesús M. Vázquez
4 days ago 2

The Chinese “Super Trademark”: A Creative Strategy for Overseas IP Protection

Enforcement of trademark rights in China is an ongoing issue faced by numerous corporations.  Invalidating or canceling a trademark registration in the Chinese market is time-consuming and …
By Laura Kees
4 days ago 0

CAFC Upholds 101 Invalidation of Database Claims on Summary Judgment Despite Berkheimer

On Wednesday, August 15th, the Court of Appeals for the Federal Circuit issued a precedential decision in BSG Tech LLC v. BuySeasons, Inc. which upheld a decision …
By Steve Brachmann
4 days ago 12

Davis Wright Tremaine LLP Seeks Patent Agent or Associate Patent Attorney

The Intellectual Property group in the Seattle office of Davis Wright Tremaine LLP is seeking a Patent Agent (preferably) or Patent Associate Attorney with more than two …

Will the USPTO use annual patent practitioner dues to stop the unauthorized practice of law?

It is no secret to anyone in the industry; the unauthorized practice of law is rampant, and OED does nothing to stop it... If charging dues to …
By Gene Quinn
5 days ago 20

Litigating Copyrights: Is Registration required to get into Court?

While registration is required in order to file a lawsuit for copyright in federal court, there is currently a circuit split with regard to what part of …
By Katie Scholz
5 days ago 1

Judge Rules Photographer Owned Marilyn Monroe Photo Copyright, Fair Use Moves to Trial

U.S. District Judge Paul Engelmayer of the Southern District of New York recently entered an opinion and order in a copyright case involving the famed “Last …
By Steve Brachmann
5 days ago 0

In an Abstract Idea Context, Little Is Unmistakably Within the Bright-line Eligibility Prohibition

It seems clear that the Supreme Court did not intend to categorically prohibit patenting of everything which can be characterized as an abstract idea at some level …
By Jeremy Doerre
6 days ago 44

Apple’s Declaratory Judgment Backfires, Turns Into $145.1M Damages Verdict Wi-LAN

On August 1st, a jury verdict entered in the Southern District of California awarded $145.1 million in reasonable royalty damages to Canadian IP licensing firm Wi-LAN in a …
By Steve Brachmann
6 days ago 12

Misapplication of Obviousness: What the MPEP gets wrong about obviousness rejections

MPEP 2141 actually cites to Arendi, but then quotes the case entirely out of context. This is a worrisome problem that can be found in many parts of …
By Gene Quinn
7 days ago 18

Qualcomm Reaches Settlement With Taiwan Free Trade Commission Wiping Out Most of $773M Antitrust Penalty

On Thursday, August 9th, San Diego, CA-based semiconductor developer Qualcomm Inc. announced that it reached a mutually agreed settlement with the Taiwan Fair Trade Commission (TFTC) which …
By Steve Brachmann
7 days ago 0

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