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Other Barks & Bites for Friday, July 3: Busy Week for USPTO Announcements, New Vision Gaming Says PTAB Institution Process is Unconstitutional, Federal Circuit Affirms Invalidity of Enbrel Patent Claims

This week in Other Barks & Bites: the Federal Circuit affirms the invalidation of patent claims covering the rheumatoid arthritis treatment Enbrel using a novel argument on obviousness-type …
By IPWatchdog
6 hours ago 0

Tales from the Trenches: Structuring IP and Technology Acquisitions

As we emerge from a global pandemic in which many businesses are mothballed or operating at limited capacity, we know that a great number will not survive. …
By Kateryna Mamyko-Golomb
13 hours ago 0

Unified Patents Seeks Legal Interns

Unified Patents is now accepting applications for legal internship and fellowship positions for assisting with its legal and database activities, including PATROLL prior art search contests. This …

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A Dubious Decision: Eleventh Circuit Finds Scraping of Data from a Public Website Can Constitute Theft of Trade Secrets (Part I)

Much has already been written in a relatively short period of time since the Eleventh Circuit decided Compulife Software, Inc. v. Newman, __ F.3d __, 2020 WL 2549505, (11th Cir. …
By Peter J. Toren
1 day ago 1

Patent Filings Roundup: Landmark Brings 250th Complaint; Medtronic and Infinera Fall Victim to Board’s Discretionary Denial Parallel Petition Rule

Apologies for taking last week’s Father’s Day week off—here’s hoping you all had a restful week with your families and friends and are …
By Jonathan Stroud
1 day ago 4

Lessons on Patent Subject Matter Eligibility from Dropbox v. Synchronoss

Since the Supreme Court decided Alice Corporation Pty. Ltd. v. CLS Bank International et al. on June 19, 2014, the number of patent application rejections by the U.S. …
By Christopher Hall
2 days ago 8

Bilski and Its Expansion of the Abstract Idea Exception: A Failure to Define

The Supreme Court's Bilski v. Kappos decision—which celebrated its 10th birthday this past weekend—still matters, even in the age of Mayo-Alice. For one thing, the …

Supreme Court Declines to Consider PTAB Authority to Overturn Article III Decisions

On June 30, the U.S. Supreme Court denied certiorari to Chrimar Systems, Inc., thereby letting stand a decision of the United States Court of Appeals for the …
By IPWatchdog
2 days ago 2

Federal Circuit Affirms PTAB’s Conclusion of Obviousness on Grounds of Common Sense

On June 26, the U.S. Court of Appeals for the Federal Circuit affirmed a final written decision of the U.S. Patent and Trademark Office’s Patent …
By Rebecca Tapscott
3 days ago 1

The Consumer is King: High Court Sides with, Rejecting Per Se Test for Generic.Com Trademarks

The U.S. Supreme Court has sided with, ruling that a generic term paired with .com “is a generic name for a class of goods …
By Eileen McDermott
3 days ago 7

Intellectual Property and Bankruptcy: The IP Value Proposition that Startups Should Not Overlook During Financial Distress

The international economic disruption caused by COVID-19 presents unprecedented challenges. Thriving tech startup companies worth millions in January might find themselves struggling to stay afloat today. This …
By Kevin Kuhn
3 days ago 0

Eighth Circuit Finds ‘Hot Pocket’ Patents Were Not Fraudulently Obtained

On June 18, the U.S. Court of Appeals for the Eighth Circuit (the circuit court) affirmed the district court’s grant of summary judgment in Inline Packaging, …
By Rebecca Tapscott
4 days ago 0

Copyright Office Begins Period of Petitioning for Exemptions to Section 1201 of the DMCA

On June 22, the U.S. Copyright Office published a request for petitions in the Federal Register, which officially kicked off the eighth triennial rulemaking process for temporary …
By Steve Brachmann
4 days ago 2

This Week in Washington: Digitized Payment Systems, Operation Warp Speed and Changing American Tech

This week in our nation’s capital, the Senate Banking Committee holds a hearing on introducing decentralized ledger technologies into government payment systems while the Senate Labor …
By IPWatchdog
4 days ago 0

Federal Circuit Agrees with PTAB that Firebug’s Footwear Claims Are Obvious

On June 25, the U. S. Court of Appeals for the Federal Circuit (CAFC) affirmed an appeal from two final written decisions of the United States Patent and …
By Rebecca Tapscott
5 days ago 1

Ten Years From Bilski: The Beginning of the End, with No Improvement in Sight

Ten years ago today, the U.S. Supreme Court handed down what at the time was one of the most important patent decisions in decades. It signaled …
By Kim Jordahl
5 days ago 13

Illegal Circulation of E-Newspapers Online and Through Messaging Apps: Implications for Copyright and Contractual Violations

On March 25, 2020, the Indian government declared lockdown throughout the country, and we could not have anticipated the number of issues across all sectors that would surface in …

Other Barks & Bites for Friday, June 26: SCOTUS Denies Cert to PTAB Challenges, CAFC Issues Three New Precedential Patent Decisions, and Ninth Circuit Revives The Shape of Water Copyright Case

This week in Other Barks & Bites: the House of Representatives approves a bill by voice vote which would enable the sale of acceleration certificates for patent applications …
By IPWatchdog
7 days ago 1