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Noncompete Agreements: Finding the Balance Between Reasonable Restraints and Free Range Talent
You may remember 2014 as the year when we all discovered a plague of noncompete agreements threatening our economy. No? Let me help you. In June that year, …
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Other Barks & Bites for Friday, September 24: Albright Admonished Again by CAFC; Senate IP Subcommittee Moves Patent Bills Forward; Tillis Questions Google and Facebook on Ad-Supported Piracy
This week in Other Barks & Bites: the Federal Circuit grants mandamus in another motion to transfer case from the Western District of Texas; the U.S. Department …
Seven Veteran Inventors Named to National Inventors Hall of Fame
The 2022 class of inductees into the National Inventors Hall of Fame (NIHF), announced earlier this week, includes the inventors of the foundational technology for messenger ribonucleic acid (…
Looming Leahy Bill Would End Fintiv Practice at PTAB
IPWatchdog has obtained a draft summary of the “Restoring the America Invents Act” bill that Senate IP Subcommittee Chair, Senator Patrick Leahy (D-VT), is purportedly expected to …
Allegedly ‘Late’ Disclosure of IP Rights to ETSI Does Not Make Patents Unenforceable in the U.S. or UK
Two recent court decisions in the United States and the United Kingdom, respectively, have considered (i) the disclosure obligation pursuant to Clause 4.1 of the European Telecommunications Standards …
USPTO Moves Ahead with Changes to Patent Bar Registration
Following a Request for Comments in March 2021, the United States Patent and Trademark Office (USPTO) yesterday published a Federal Register Notice updating the General Requirements Bulletin (GRB) …
PCK Intellectual Property Seeks a Remote Patent Agent/Attorney
PCK Intellectual Property is seeking a remote independent contractor to fill a Patent Agent or Attorney position. This is a permanent, remote, part-time position. PCK is an …
Patent Filings Roundup: Trio of Actions Accuse IP Investments of Coordinated Campaign with Intellectual Ventures Backend; Judge Albright Cancels One of 141 WSOU-Asserted Patents; New Magnetar Entity Surfaces
A light Patent Trial and Appeal Board (PTAB) and busy district court week for patent filings marked the 10-year anniversary of the passage of the America Invents …
DABUS Defeated Again—But Judges Divided
The England and Wales Court of Appeal has upheld lower rulings that two patent applications designating an artificial intelligence called DABUS as the inventor were deemed to …
Senators Tear into Facebook and Google Reps During ‘Big Data, Big Questions’ Hearing on Competition and Privacy
The Senate Judiciary Committee’s Subcommittee on Competition Policy, Antitrust, and Consumer Rights held a hearing yesterday titled “Big Data, Big Questions: Implications for Competition and Consumers,” …
The FTC’s Repair Restriction Ambition May Face Friction
The Federal Trade Commission (FTC) has pledged to use more of its enforcement resources to ensure that consumers are free from manufacturer-imposed restrictions on self-repair or third-party …
New Tillis-Leahy Bills to Boost Innovation: The Good, the Bad and the Nonsense
Earlier today, U.S. Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the Ranking Member and Chair of the Senate Intellectual Property Subcommittee, introduced a pair of …
IPWatchdog LIVE ‘Jurassic Patents’ Panel Explores Patenting Challenges for Life Sciences Innovation
On the final day of IPWatchdog LIVE last week, a panel titled “Jurassic Patents: Genetic Engineering and the Future of Life Science Innovation,” moderated by president and …
Third Circuit Joins Sister Courts in Ruling TTAB Decisions May Not Have Preclusive Effect
On September 17, the United States Court of Appeals for the Third Circuit issued a precedential decision that affirmed in part, reversed in part, and remanded a decision …
Where Have All of the Ex Parte Appeals Gone?
Once a rejection by the U.S. Patent and Trademark Office (USPTO) is designated as at least one “final” office action (which typically occurs when the office …
This Week in Washington IP: Anticompetitive Acquisitions in Big Data, Copyright Protection in the Digital Age, and Connecting U.S. Innovation with National Security
This week in Washington IP news, various committees at the House of Representatives will meet to discuss the future of NASA’s activities in low-earth orbit, efforts …
Will Trump Class Actions Against Social Media Platforms Revive Section 230 Debate?
Former President Donald J. Trump announced today that he is suing Facebook, Twitter and Google/YouTube in separate class action suits, claiming, among other allegations, that the …
USPTO Delivers on Senators’ Request for Patent Eligibility Jurisprudence Study
In March of this year, a bipartisan group of senators asked Drew Hirshfeld, who is Performing the functions and duties of the Director of the U.S. …
Celebrating U.S. Trademark Law: Happy 75 to the Lanham Act
As the United States today celebrates the 245th anniversary of its independence, the intellectual property (IP) community will tomorrow be celebrating the 75th anniversary of the Lanham …
USPTO Says Trademark Filings are Up More Than 60% Through First Six Months of 2021 Due to E-Commerce Growth
On June 23, a U.S. Patent and Trademark Office (USPTO) blog post published a piece authored by Commissioner for Trademarks David Gooder discussing a massive surge in …
Minerva v. Hologic: SCOTUS Retains but Limits Assignor Estoppel Doctrine, Criticizing CAFC Approach
The U.S. Supreme Court ruled 5-4 this morning in Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC that the doctrine of assignor estoppel”—which …
USPTO Provides Guidance on Director Review Process Under Arthrex
This week, the U.S. Patent and Trademark Office announced that it would be implementing an interim rule at the agency in response to the U.S. …
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 …
International Academics Push for TRIPS COVID IP Waiver Hold-Outs to Drop Opposition
One-hundred-twenty-four professors and academics from around the world have penned an open letter supporting India and South Africa’s proposed waiver of certain provisions of the Agreement …
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 …
District Court Thwarts $100 Million Damages Award, Finding Litigation Conduct Exceptional
The U.S. District Court for the Southern District of California recently ended a long, drawn-out patent infringement battle dealing with menu patents, which saw action in …
Hirshfeld Says He May Move Forward on Important Items If Biden Appointee Takes Too Long
IPWatchdog and LexisNexis held a “Conversation with the Commissioner of the USPTO” today, in which Drew Hirshfeld, the U.S. Patent and Trademark Office (USPTO) Commissioner for …
Doing it Their Way: Leaders Share Tips for Helping Women to Make it in the IP Game
Panelists on yesterday’s IPWatchdog webinar, “We Did it Our Way: Women IP Trailblazers Share Their Incredible Journeys” explained that, while the challenges they have had to …
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 …
New Clause 8 Episode – Mark Han: Applying Lessons from Intellectual Ventures to Helping Innovative Doctors
“Jeff [Roh, CEO at IntuitiveX] knew for every person like [him], who is able to succeed, there's countless others who aren't. They just fall flat because they …
Godfrey & Kahn is Seeking an Intellectual Property Associate
Godfrey & Kahn, S.C. is currently looking for an outstanding attorney to join the IP team in the firm's Milwaukee, WI, or Madison, WI office. The ideal …
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 …
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 …
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 …
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 …
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 …
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 …
