Eric Guttag

Gene Quinn

Eric Guttag  
Mr. Guttag has over 38 years of corporate and private intellectual property law experience on patent, trademark, copyright, trade secret and unfair competition matters, computer and Internet law, including patent application drafting, prosecution, and patentability studies; infringement and validity studies; international patent prosecution; patent and know-how licensing; consulting, confidentiality, clinical study and research agreements; trademark searches and opinions; trademark registration and prosecution; trademark freedom-to-use studies and trademark litigation and dispute resolution.


Posts by Eric Guttag


SCOTUS Reversals Have Created a Compliant Federal Circuit

The Federal Circuit has been reversed so often by the Supreme Court it seems that at least some of the Judges on the Court have simply decided …
By Gene Quinn & Eric Guttag
9 months ago 11

Congress Initially Rebuffs SCOTUS Dominance of Patent Law, But Not for Long

The chaos created by this forum shopping was exacerbated by differing views of what in these rulings by SCOTUS was holding, and what was simply dicta.  Together …
By Eric Guttag
9 months ago 10

Why is SCOTUS Creating a Federal Common Law of Patents?

What makes SCOTUS’s assertions in patent law jurisprudence that there are these “exceptions” or additional “requirements” particularly annoying to many of us in the patent bar …
By Eric Guttag
10 months ago 81

Jazz Pharmaceuticals: Does the Federal Circuit Really Understand the Dichotomy in the Printed Publication Bar?

Unfortunately, Lourie’s opinion in Jazz Pharmaceuticals (equally mindless in my opinion) simply latches onto Prost’s words in Suffolk Technologies that a “printed publication need not …
By Eric Guttag
1 year ago 0

Reflections on Oil States: Are There Silver Linings Amidst the Doom and Gloom?

That being said, and following up on the feeling of “doom and gloom” many of us had upon initial issuance of the Oil States decision, there is …
By Eric Guttag
1 year ago 22

Shadow Advocacy: A Look Inside the Amicus Process

Paying due homage to the TV series, The Twilight Zone, you have now entered the strange world of “shadow advocacy,” aka the amicus process. Indeed amicus advocacy …
By Eric Guttag
1 year ago 2

Estoppel: The Equitable Defense Remaining After SCA Hygiene Products?*

The remaining vitality of estoppel as a defense against patent infringement after SCA Hygiene Products is also not a hypothetical question. Indeed, the issue of estoppel remains …
By Eric Guttag
2 years ago 2

The Problematical IPR Proceedings of the AIA: BRI, Reviewability, Constitutionality

In three related decisions (most recently including a denial of rehearing en banc by a badly divided 6-5 decision issued concurrently with reissuance of the earlier panel …
By Eric Guttag
4 years ago 17

The Broken Patent-Eligibility Test of Alice and Mayo: Why We Urgently Need to Return to Principles of Diehr and Chakrabarty*

Our Judicial Mount Olympus pays, at best, lip-service to Chakrabarty’s observation that, in enacting 35 U.S.C. § 101 in 1952, Congress chose the statutory classes (in Chakrabarty, referring …
By Eric Guttag
5 years ago 23

Ignorance Is Not Bliss: Alice Corp. v. CLS Bank International*

With the Supreme Court’s most recent foray into the patent-eligibility world in Alice Corp. v. CLS Bank International, we now have a complete and utter disaster …
By Eric Guttag
5 years ago 17

Limelight Networks: A Comedy of Errors by SCOTUS*

In a decision barely reaching 11 pages, a unanimous Supreme Court in Limelight Networks, Inc. v. Akamai Technologies reversed and remanded the Federal Circuit’s per curiam majority …
By Eric Guttag
5 years ago 14

The Legacy of George Washington Carver, Tuskegee Educator, Innovator and Renaissance Man

This experience in helping Southern farmers improve the soil in their fields soon led to what was to become a passion for Carver: peanuts. While peanuts were …
By Eric Guttag
6 years ago 0

God’s Scientist: George Washington Carver

George Washington Carver was not only a talented innovator, but was also an extremely gifted educator and …
By Eric Guttag
6 years ago 0

Granville Woods and Induction Telegraphy

There are some who say that the number of patents Woods obtained is at least 60, may be even much higher. But from Professor Fouché’s book, I’…
By Eric Guttag
6 years ago 0

The Black Edison: Granville T. Woods

Granville Woods is often referred as “The Black Edison.” Woods and Thomas Edison went to court twice over what were apparently invention disputes. Both times, Woods won. …
By Eric Guttag
6 years ago 0