Last 24 Hours

From Agent to Examiner and Back Again: Practical Lessons Learned from Inside the USPTO

As a Patent Agent, the work product coming out of the U.S. Patent and Trademark Office (USPTO) seemed random to me. This article shares what I …
By Brian Downing
45 minutes ago 0

Other Barks & Bites for Friday, January 15: Copyright Office Issues Final Rule on Unmatched Musical Works Under MMA, $1 Billion Copyright Verdict Against Cox Communications Upheld, USPTO Publishes Report on China IP Filings

This week in Other Barks & Bites: the USPTO issues a report on the impacts of non-market forces encouraging larger numbers of bad-faith patent and trademark applications from …
By IPWatchdog
22 hours ago 0

More Recent Posts

Complete Genomics Sues Illumina for Antitrust and Unfair Competition Violations

Complete Genomics, Inc., BGI Americas Corp., and MGI America’s Inc. (Complete Genomics) have filed suit against Illumina, Inc. alleging violation of federal antitrust statutes and California …
By Rebecca Tapscott
1 day ago 1

USPTO Report Puts Chinese Innovation Growth in Context

On January 13, the United States Patent and Trademark Office (USPTO) published a new report on the impact of patent and trademark filing trends in China. The report, …
By Gene Quinn
2 days ago 7

Patent Filings Roundup: Board Says ‘Nein’ to German Company’s IPR; A PTAB Footnote to the Fortress/Intel Fight

Per the usual slow January, it was a light week at both the Patent Trial and Appeal Board (PTAB) and in the district courts. At the PTAB, …
By Jonathan Stroud
2 days ago 0

Minaj-Chapman Copyright Settlement is a Warning to Artists

Last week, documents were filed confirming that singer-songwriter Tracy Chapman accepted Onika Tanya Maraj’s (who performs rap under the stage name Nicki Minaj) Rule 68 Offer of …
By Rebecca Tapscott
2 days ago 0

IFI Claims Reports: Patent Activity Increases Despite Pandemic, IBM Again Dominates Granted U.S. Patents, Samsung Leads Global 250

On January 12, patent database provider IFI Claims published its Top 50 U.S. patent grant recipient list for 2020, as well as its Global 250 list of top owners of …
By Steve Brachmann
3 days ago 0

Drawing Software Patent Drafting Guidance in 2021 from an Unlikely Source: the Federal Circuit

Since the Supreme Court’s Alice decision in 2014, inventors have faced extra hurdles trying to protect their software-related inventions with patents. A chief obstacle has been satisfying …
By Michael Messinger
3 days ago 14

Skidmore-Mead Can Solve the Patent Eligibility Dilemma

Judge Kimberly Moore, in a comprehensive and insightful opinion dissenting from the denial of the petition for rehearing en banc in Athena Diagnostics, Inc. v. Mayo Collaborative …

Ericsson Wins Anti-Interference Injunction Against Samsung in Texas FRAND Case

Judge Rodney Gilstrap of the U.S. District Court for the Eastern District of Texas yesterday issued an order enjoining  Samsung Electronics from taking any action to …
By Eileen McDermott
4 days ago 1

National Advertising Division Says Pre-Launch Investor Presentation Can Be Challenged Under Advertising Law

It has long been a fundamental tenet of advertising law that comments made to investors, and particularly those made before the commercial launch of a product or …

PTAB Will Use Nautilus Approach to Indefiniteness for Post-Grant Proceedings

Last week, the United States Patent and Trademark Office (USPTO) issued binding indefiniteness guidance in a memorandum from Director Andrei Iancu that addresses confusion about which indefiniteness …
By La'Cee Conley
4 days ago 8

Supreme Court Will Review Doctrine of Assignor Estoppel

On Friday, the U.S. Supreme Court granted a petition for certiorari filed by Minerva Surgical, Inc. asking the Court to clarify questions around the doctrine of …
By Eileen McDermott
5 days ago 3

This Week in Washington IP: Resetting America’s Research Priorities, Section 230 Under Biden and Exploring the FCC’s Actions on 5G Spectrum

This week in Washington IP news, committees in both the Senate and the House of Representatives are quiet after a week of national turmoil, and as we …
By IPWatchdog
5 days ago 0

Federal Circuit Affirms TTAB Dismissal of QuikTrip’s Opposition to Convenience Store Mark

On January 8, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States Patent and Trademark Office, Trademark Trial and …
By IPWatchdog
5 days ago 0

Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part II)

In Part I of this article, I explained that the CAFC invalidated almost every software patent on appeal for eligibility in 2020 and recapped the first 13 such cases …
By Theodore Rand
6 days ago 3

CAFC Dismisses Appeal as Moot, Prost Dissents in Part

On January 7, the United States Court of Appeals for the Federal Circuit (CAFC) dismissed ABS Global's appeal from the United States Patent and Trademark Office (USPTO) Patent …
By IPWatchdog
6 days ago 1