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Other Barks & Bites for Friday, October 15: TRIPS IP Waiver Negotiations Heat Up, CAFC Finds No Due Process Violations in Mobility Workx, and the Copyright Office Will Study Copyright Protections for News Publishers
This week in Other Barks & Bites: the U.S. Copyright Office announces that it will study the current state of copyright protections for news content; the Ninth …
Patent Owner Tells PTAB Precedential Opinion Panel Fintiv Factor 2 Should Be Modified Post-Arthrex
On October 8, a motion was filed on behalf of K.Mizra LLC asking the Patent Trial and Appeal Board’s (PTAB’s) Precedential Opinion Panel (POP) to …
HP’s Patent Development Group Is Seeking a Patent Attorney
HP’s Patent Development Group is seeking a highly motivated patent attorney to join its legal team in either their Houston, TX or Vancouver, WA location. In …
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Federal Circuit Clarifies Criteria for ‘Exceptionality’ Finding in Awarding Attorneys’ Fees
The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today in which it affirmed a district court’s finding of exceptionality …
CAFC Affirms Eastern Texas Rulings of Noninfringement for Telecom Companies
On October 12, the United States Court of Appeals for the Federal Circuit (CAFC) issued two related precedential opinions affirming the decisions of the U.S. District Court …
How Public Opinion Polls Expand the Conversation on GSK v. Teva and Skinny Labeling
The Federal Circuit’s recent majority opinion and Chief Judge Prost’s dissenting opinion in the GlaxoSmithKline LLC v. Teva Pharmaceuticals “skinny labeling” case has raised eyebrows …
CAFC Shoots Down Due Process Challenges to PTAB Structure
In an appeal from the Patent Trial and Appeal Board (PTAB) brought by Mobility Workx against Unified Patents, the U.S. Court of Appeals for the Federal …
CareDx v. Natera: The Latest in Patent Eligibility of Medical Diagnostics
The latest ruling involving patent eligibility of medical diagnostics comes from Chief Judge Connolly of the United States District Court for the District of Delaware in a …
Navigating the Legal Cloud: How to Manage Data and Intellectual Property with Cloud Orchestration Platforms
As the way we live and work has increasingly moved into virtual environments (I like to call it a legal metaverse), the boundaries between physical, digital, and …
SCOTUS Grants Government’s Request to Participate in Case Interpreting PRO IP Act Language on Copyright Invalidation
The U.S. Supreme Court today granted a motion made by the Acting U.S. Solicitor General to participate in oral argument as an amicus in the …
Counseling Clients on What Constitutes Exceptionality in Patent Litigation: A View from Delaware
After a client prevails in patent litigation in the United States District Court for the District of Delaware, the client often wants to know whether it can …
Where We Are on AI Inventorship and Where We Should be Heading
The past few years saw a meteoric rise of artificial intelligence (AI) products, services, and applications. AI has evolved from merely a buzzword or a cool new …
Banner Witcoff is Seeking a Biotech or Chemistry Patent Attorney
Banner Witcoff is seeking a Biotech or Chemistry Patent Attorney with 5 or more years of experience in patent prosecution for its Chicago, IL or Washington, DC offices. …
In re Surgisil: Boon, Burden, or Mixed Bag for Patent Applicants and Patentees?
Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that …
This Week in Washington IP: Ethics in Artificial Intelligence, Challenges with Carbon Removal and the USPTO Hosts the 2021 Hispanic Innovation and Entrepreneurship Program
This week in Washington IP news, Congress is largely quiet except for a hearing of the House Artificial Intelligence Task Force regarding ethical frameworks for developing artificial …
IP Goes Pop! Ep #9: Patent Stars- Celebrities Get Patents Too
In this episode of IP Goes Pop!, hosted by Volpe Koenig intellectual property attorney Michael Snyder, Michael takes listeners on a stroll down Hollywood Boulevard as he …
Lights, Camera, Impact: The Case for Video-Based Online Meetings in the IP Context and Beyond
In the IP field, and countless others, online or virtual meetings have become ingrained in professional life, an enabler of remote working in the age of COVID-19 …
Eagle Forum Event Participants Delve into Patent Eligibility ‘Goulash’
The extreme uncertainty that U.S. patent eligibility “validity goulash” jurisprudence has caused is wreaking havoc on inventors, especially those working on emerging technologies. It is also …
Thoughts on Tiffany Cunningham’s Confirmation to the CAFC
Tiffany Cunningham was confirmed to the U.S. Court of Appeals for the Federal Circuit earlier this week, making her—incredibly—the intellectual property court’s first …
This Week in Washington IP: Senate Set to Confirm Cunningham; Restoring American Leadership in Patent Law; and Supporting Cybersecurity by Stopping Ransomware
This week in Washington IP news, the U.S. Senate will vote on Tiffany Cunningham’s confirmation to the Federal Circuit, replacing Judge Evan Wallach; and a …
Senate Judiciary Committee Advances Legislation to Reduce Drug Prices, Rein in Pharma Industry Practices
Earlier today, the Senate Judiciary Committee held an Executive Business Meeting in which the Committee discussed and favorably reported four bills aimed at reducing prescription drug prices …
Amici Ask SCOTUS to Correct Third Circuit’s ‘Overly Simplistic’ Formulation of Trademark Functionality in Ezaki Glico
On July 29, several IP organizations and one global snack conglomerate filed amicus briefs at the U.S. Supreme Court asking the nation’s highest court to grant …
Bobcar SCOTUS Petition Seeks Redress for Constitutional Violations Posed by Federal Circuit’s Abuse of Rule 36
On August 2, New York City-based marketing company Bobcar Media filed a petition for writ of certiorari with the U.S. Supreme Court asking the Court to consider …
This Week in Washington IP: Energizing Technology Transfer, Case Studies in International Offshore Wind Innovation and Celebrating 75 Years of the Lanham Act
This week in Washington IP news, the Senate Judiciary Committee will consider a series of bills that could limit pharmaceutical patent owners’ ability to enforce their patents …
Note to Congress: Resist Big Tech Pleas to Weaken Strong Patents in Light of Recent Losses
In recent days, both Google and Apple have lost big patent cases. On August 13, Apple lost a $300 million jury verdict to PanOptis. Also on August 13, Google was …
CAFC Reverses PTAB Obviousness Finding, Clarifying Concepts of ‘Teaching Away’ and ‘Commercial Success’
The United States Court of Appeals for the Federal Circuit (CAFC) yesterday concluded that the Patent Trial and Appeal Board’s (PTAB’s) decision finding certain claims …
Federal Circuit Nixes Appeal on Claims of Unfair Treatment by California Court in Pro Se Lawsuit Over Restrictions to Cancer Research
On July 20, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a non-precedential decision in Siegler v. Sorrento Therapeutics, Inc. in which the appellate …
CAFC Reverses Massive Jury Verdict for Juno and Sloan Kettering
The U.S. Court of Appeals for the Federal Circuit (CAFC) today reversed a jury verdict for Juno Therapeutics and Sloan Kettering Institute for Cancer Research (Juno), …
Bankrupting Big Pharma Isn’t a Solution
Believe it or not, a recent op-ed in the Washington Post written by Robin Feldman took the position that pharmaceutical companies should charge prices for their drugs …
USPTO and Copyright Office Reports Attempt to Quantify Extent and Effect of IP Infringement by State Entities
On August 31, at the request of Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the United States Patent and Trademark Office (USTPO) provided a report to Congress …
Commerce Office of Inspector General Says USPTO is Failing to Prevent Fraudulent Trademark Registrations
On August 11, the U.S. Department of Commerce Office of Inspector General (OIG) published a final report on the audit of the United States Patent and Trademark …
Federal Circuit Affirms 101 Invalidation of Secure Transaction System Patents in Victory for Apple and Visa
On Thursday, August 26, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Universal Secure Registry LLC v. Apple Inc. in which …
GrubHub, DoorDash Services Take Off During Pandemic: A Look at the Patents on Food Delivery Inventions
One of the sectors of the U.S. economy that has seemingly thrived through the COVID-19 pandemic—indeed, because of the pandemic—has been food delivery services. …
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 – …
Looking Forward: Predictions and Thoughts for 2019
Given that several industry insiders were willing to make their own predictions, I’ll go out on a limb and make my own predictions… First, I predict …
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 …
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 …
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 …
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 …
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 …
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 …
Bioinformatics Innovations Thrive Despite 101 Chaos
Bioinformatics is a growing interdisciplinary technological field in which computing and software resources are applied to biological data and solve biological problems. For example, bioinformatics can be …
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 …
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 …
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’…
Three Inventions That Made My Summers Fun
As we enter the August heat, it’s worth remembering some of the patents that have made summers more bearable through the years, for kids and adults …
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 …
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 …
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… …
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 …
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 …
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 …
Protecting an Idea: Can Ideas Be Patented or Protected?
Many people ask: can ideas be patented? The short answer is no. Unfortunately, despite what you may have heard from late night television commercials, there is no …
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 …
Provisional Patents: What are they and why do you need them?
The first thing to say is this: there is no such thing as a provisional patent. You can, however, file what is known as a provisional 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 "…
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 …
Invention to Patent 101 – Everything You Need to Know to Get Started
This page and website contain contain detailed information to help inventors on the road from invention to patent... Below are a sampling of inventor help links to …
