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When it Pays to Talk About Your Secrets
The conversation begins, “Can you keep a secret?” “Yes, of course,” they say. What happens next? Naturally, you tell them what it is that you are going …
Congress, the ITC and the Biden Administration Must Move Forward to Stop Samsung’s IP Abuse
Last week, years of arguing and contention came to an end. The fight I’m referring to was not a political campaign, but that doesn’t make …
Federal Circuit Sides with Inventors on Analysis of California Employment Contract Law
The U.S. Court of Appeals for the Federal Circuit yesterday reversed a district court finding that an inventor of water park surfing attractions breached his employment …
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Why It’s Time to Board the PCT Train: The Benefits of Filing U.S. Patent Applications via the PCT First
I am going to make a bold statement: every non-provisional patent application for an invention originating in the U.S. should be filed via the Patent Cooperation …
Faegre Drinker Biddle & Reath Seeks An Experienced Trademark Prosecution Attorney
Faegre Drinker Biddle & Reath LLP seeks an experienced trademark prosecution Attorney for our thriving Intellectual Property practice. Faegre Drinker Biddle & Reath LLP is an Am Law 50 firm …
A Look at BPTO Data on Pharmaceutical Patents Subject to the Minimum Term of Ten Years From Grant
A key issue of discussion with respect to the Brazilian patent system has to do with patents granted by the Brazilian Patent and Trademark Office (BPTO) under …
Other Barks & Bites for Friday, November 20: USPTO Extends Comment Period for Discretion on PTAB Institutions, ITC Rescinds Orders in Rovi Case Against Comcast and CAFC Says CBM Determinations Not Appealable Under Thryv
This week in Other Barks & Bites: the USPTO issues a final rule on trademark fee adjustments at the agency and also extends the public comment period for …
Panelists Address Growing Threat from ‘Brand Restrictions’ at Virtual INTA Annual Meeting
Restrictions on the use of branding symbols are a growing and serious threat to IP rights, according to a panel of trademark specialists speaking at the online …
Federal Circuit Considers CBM Review Under Thryv on Remand from SCOTUS
On Tuesday, the U.S. Court of Appeals for the Federal Circuit (CAFC) in SIPCO, LLC v. Emerson Electric Co. affirmed a determination of the U.S. …
Patent Filings Roundup: EZ Pass Suit; Broken Smartphone Suppliers; Music Plugin Competitor Suits
It was a light week for Patent Trial and Appeal Board (PTAB) filings, with just 18 new petitions, while the district courts remained busy with 71 new complaints. Some …
Copyright for Choreography: When is Copying a Dance a Copyright Violation?
Recent news reports about choreographer JaQuel Knight’s efforts to copyright some of his iconic dance routines, such as Beyoncé’s “Single Ladies,” are a reminder that …
Petitions Filed After Final Dismissed as Moot: USPTO Runs Down the Clock (Part IV)
While researching the U.S. Patent and Trademark Office’s (USPTO) treatment of final Office actions for previous articles (Part I, Part II and Part III), we …
Supreme Court Denies Patent Petitions on Arthrex, Eligibility
On Monday, the U.S. Supreme Court denied petitions for certiorari in two cases from the U.S. Court of Appeals of the Federal Circuit (CAFC): IYM …
USPTO Publishes Final Rule Codifying Significant Trademark Fee Increases
The U.S. Patent and Trademark Office on Tuesday published a Final Rule setting new fees for trademark filings and Trademark Trial and Appeal Board (TTAB) proceedings, …
Director Iancu Could Address Section 101 Problems Through Regulations Governing Post Grant Review Trials
Since U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu took office, I have observed, with admiration, how he has taken bold action to improve perceived …
Federal Circuit Holds Google Forfeited Claim Construction Arguments Not Presented to PTAB
On November 13, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. Patent and Trademark Office, Patent Trial and …
FRAND Royalty Base Statements and Cellular Wireless Standard Essential Patents (Part III)
This is the third in a series of articles analyzing statements made by various entities in the cellular industry regarding licensing Standard Essential Patents (SEPs) on a …
Intellectual Property Insurance Services Corporation (IPISC) Hiring IP Insurance Sales Account Executive
Intellectual Property Insurance Services Corporation (IPISC) is currently seeking to hire IP Insurance Sales Account Executive. In this role, you will be responsible for the prospecting of …
Other Barks & Bites for Friday, September 4: CAFC Issues Modified Opinion in Facebook v. Windy City, USIJ Letter to Senate Supports PTAB Reforms, and United States Holds Third in WIPO Global Innovation Index
This week in Other Barks & Bites: Modified Opinion issued in Facebook v. Windy City at CAFC; the Alliance for U.S. Startups and Inventors for Jobs (USIJ) …
United States is Third Again in WIPO Global Innovation Index 2020
Last week, the World Intellectual Property Organization (WIPO) issued the Global Innovation Index (GII) 2020 report jointly with Cornell University, INSEAD and the 2020 GII Knowledge Partners, which included …
Microsoft Supports Epic Games’ Complaint Against Apple for Anti-Competitive Practices
On August 23, Microsoft filed a declaration in support of Epic Games, Inc.’s August 13th Complaint for Injunctive Relief against Apple, Inc., in which Epic alleged that …
Could COVID-19 Counterfeit Concerns Get Congress to Move Towards Passage of the Counterfeit Goods Seizure Act?
In late July, water bottle maker Hydro Flask and parent company Helen of Troy Limited filed a complaint with the U.S. International Trade Commission (ITC) asking …
Judge Michel, Panelists Contemplate the CAFC Past, Present and Future on Day Two of CON2020
Headlining day two of IPWatchdog’s CON2020 was Retired U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Paul Michel, who offered attendees 12 “perspectives” …
Justices Look for Reassurance That the Sky Won’t Fall When They Rule in Google v. Oracle
Google and Oracle each got to have their say in U.S. Supreme Court today, when eight justices heard oral argument in the closely-watched battle between the …
‘Myspace Laws in a Tik Tok World’ – Tillis asks Amy Coney Barrett about Patent Eligibility and Copyright Law
This afternoon on Capitol Hill, Senator Thom Tillis (R-NC), a member of the Senate Judiciary Committee and Chair of the Senate Intellectual Property Intellectual Property Subcommittee, had …
Tech Companies’ Lawsuit Against USPTO – and Small Business Inventors’ Motion to Intervene – Highlight Need to Address NHK-Fintiv Factors Via Rulemaking
On September 9, a panel of three administrative patent judges (APJs) at the Patent Trial and Appeal Board (PTAB) issued a decision denying institution of a petition filed …
Centripetal Networks Awarded $1.9 Billion in Infringement Suit Against Cisco
Earlier this week, the United States District Court for the Eastern District of Virginia (the Court) entered what is believed to be one of the highest damages …
Federal Circuit Shoots Down Apple Bid to Strike Certain Voip-Pal Claims Upheld by PTAB
In the latest episode of a long-running saga between Apple and Voip-Pal, the U.S. Court of Appeals for the Federal Circuit on Friday denied Apple’s …
This Week in Washington IP: DMCA Reforms, Google Antitrust Issues and Supporting the U.S. AI Workforce
This week in Washington IP developments, events get underway with a few programs at the U.S. Patent and Trademark Office, including the first day of a …
USPTO Releases Benchmark Study on the Artificial Intelligence Patent Landscape
On October 27, the United States Patent and Trademark Office (USPTO) released a report titled “Inventing AI: Tracing the diffusion of artificial intelligence with U.S. patents.” The …
Federal Circuit Says Teva Induced Infringement of GSK Patent on Congestive Heart Failure Drug
In GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., the United States Court of Appeals for the Federal Circuit (CAFC) on Friday reversed a district court’s motion …
Special Interest Group Implores Congress to Extend CBM Program
Two weeks before the Transitional Program for Covered Business Method Patents (CBM) Program, implemented in 2012 under the America Invents Act (AIA), is set to expire, a special …
ITC Decision to Review Final Initial Determination in Botox Case Could Have Big Implications for Trade Secrets
Last week, the United States International Trade Commission (ITC) issued a notice in the Matter of “Certain Botulinum Toxin Products, Processes for Manufacturing or Relating to Same …
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 …
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 …
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 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 …
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 …
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 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 …
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 "…
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 …
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 …
Design Patents: The Under Utilized and Overlooked Patent
Typically an inventor wants to protect the function of the invention when at all possible. But what if you cannot get a utility patent because the underlying …
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 …
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” …
