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Federal Circuit Reverses District Court Finding that ‘Check Data’ Patent is Abstract
The U.S. Court of Appeals for the Federal Circuit (CAFC), in an opinion authored by Judge Chen, on Friday November 15 reversed a ruling of the District …
High Court This Time Grants Google’s Petition on Copyright for Software Interfaces
The Supreme Court has agreed to hear Google’s petition for a writ of certiorari in its long-running case with Oracle. The High Court will decide: 1. Whether …
Lessons from an Independent Female Inventor: Today’s Patent Laws Preclude ‘SUCCESS’
It has been one year since my software patent was invalidated in the U.S. District Court for the Southern District of New York. Now, this intellectual …
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Netlist Wins ITC Exclusion Order: Will the USPTO Support It?
Several weeks ago, the International Trade Commission (ITC) announced that Chief Administrative Law Judge (ALJ) Charles Bullock issued a Notice of Initial Final Determination recommending that certain …
Arent Fox Seeks Patent Attorney or Agent for CA or DC Office
Arent Fox LLP has an open position for a patent attorney or patent agent with 2-4+ years of experience in patent preparation and prosecution for their Los …
The Problem of IPR Infringement in India’s Burgeoning Startup Ecosystem
For a country of 1.3 billion people who pride themselves on ingenuity, entrepreneurial spirit, and innovative thinking, a significant percentage of the Indian population is woefully unaware of …
Other Barks & Bites, Friday, November 15: SCOTUS to Hear Booking.com Trademark Case, AG Barr Backs FCC Plan Against Huawei and ZTE, Copyright Office Eliminates Physical Material Submission Options
This week in Other Barks & Bites: the Federal Circuit strikes down a district court’s finding of design patent infringement on summary judgment; the USPTO advises trademark …
Adding a Cybersecurity Plan to the Business Plan: Cybersecurity and IP Considerations for Startups
Imagine the following scenario: You have an idea for a new mobile application. As adoption of the app picks up, so does your business, and you hire …
Delrahim, Simons Caution House Subcommittee Against Drawing Bright Lines on Antitrust Enforcement of Big Tech
The House Subcommittee on Antitrust, Commercial, and Administrative Law yesterday heard from Joseph Simons, Chairman of the Federal Trade Commission, and Makan Delrahim, Assistant Attorney General in …
Recent PTAB Decisions Provide a Roadmap for Combating Broadest “Unreasonable” Interpretation
As I have previously reported on KSJ Law, the Patent Trial and Appeal Board (PTAB) issued 80 decisions on appeals in October, and reversed the examiner in 24 of …
Eleventh Circuit Takes A Bite Out of Originality in Dentist Photographer Case
Ownership of a valid copyright requires that the work be independently created by the author and have some “minimal degree of creativity,” as required by Feist Publ’…
Shah IP Law, PLLC Is Seeking to Hire 2-3 Patent Agents or Patent Attorneys
Shah IP Law, PLLC has an immediate need for 2-3 Patent Agents or Patent Attorneys with at least 2 years of experience in patent preparation, and patent prosecution. …
SCOTUS Petition: Stats Show Losing Patent Owner-Appellants Have a 66% Chance of Being Rule-36ed Versus 18% for Losing Petitioner-Appellants
Chestnut Hill Sound, Inc. has filed a petition asking the U.S. Supreme Court to consider whether the Federal Circuit’s disparate practice with respect to issuing …
Curing the Drug Label as Prior Art Malady at the PTAB
Petitioners challenging patents covering pharmaceuticals and biologics often use drug product labels as prior art in the Patent Trial and Appeal Board (PTAB). To effectively use a …
Amazon Primed to Disrupt Legal Field with Launch of IP Accelerator Program
E-commerce giant Amazon is “known for its disruption of well-established industries,” as the company’s Wikipedia entry will tell you. What started out as a humble online …
A Look at the Chrimar Amici: Inventors and IP Organizations Advocate for Rehearing En Banc as Federal Circuit Calls for ALE Response
Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) invited ALE USA Inc. to respond to Chrimar System Inc.'s petition for rehearing en …
This Week in Washington IP: Antitrust Regulators Discuss Online Platforms, NASA’s Moon-Mars Program and Reauthorizing Compulsory Satellite Copyright Licenses
This week in tech and innovation hearings in Washington, D.C., the U.S. House of Representatives gets underway on Wednesday by exploring rulemaking at the Environmental …
Rules on Copyright Infringement for Inline Linking Developing in the United States and Abroad
As the relationship between copyright and the internet continues to develop and technical distinctions are increasingly cast aside for more practical perspectives, new licensing opportunities are becoming …
Centuries of Innovation in Barbecue and Grilling Develop a Distinctly American Flavor
Summer holidays bring out the largest number of barbecue fanatics and the three top holidays for grilling are the 4th of July, Memorial Day and Labor Day. …
RPX Corporation is Seeking a Senior Patent Analyst in San Francisco, CA
RPX Corporation is seeking a full time, permanent Senior Patent Analyst in San Francisco, CA. The Senior Patent Analyst will be tasked with assessing patent validity. In …
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. …
The Latest Online Book Piracy Scams: Catfishing, Profile Theft and False Endorsements
In my previous article for IP Watchdog, “An Awareness Crusade Against the Online Piracy of Books,” I delved into the growing problem of book piracy. I knew …
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 …
Antitrust Experts Characterize FTC v. Qualcomm Decision as Mangling of Sherman Act’s Section 2
Judge Douglas Ginsburg of the U.S. Court of Appeals for the D.C. Circuit, Professor Joshua Wright, and attorney Lindsey Edwards of Wilson Sonsini Goodrich & Rosati, …
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 …
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 …
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 …
Alice: Benevolent Despot or Tyrant? Analyzing Five Years of Case Law Since Alice v. CLS Bank: Part II
In Part I of this analysis, I discussed litigation trends before and after the Supreme Court’s decision in Alice Corp Pty Ltd v. CLS Bank Int’…
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 …
Congress Members Ask to Grill Google in Roundtable on Content ID Tool
Eight members of Congress have sent a letter to Google Chief Executive Officer Sundar Pichai requesting that the company participate in “a roundtable with Congressional offices and …
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, …
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™ …
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 …
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 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 …
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 …
