Posts in IPWatchdog Articles

USPTO Issues Reminder to Examiners on Means-Plus-Function Analyses

The U.S. Patent and Trademark Office (USPTO) on Tuesday, March 19, issued a memo for all patent examiners reiterating its current practices and resources for examining means-plus-function and step-plus-function claim limitations. The memo is primarily focused on reminding examiners that they must create a clear record explaining their interpretation of such claims and points to various resources and training tools that are available to assist them.

The Trains, Planes and Automobiles of Correcting DOCX-Related Errors

Similar to Steve Martin and John Candy’s calamitous odyssey in the classic 1980s film Planes, Trains and Automobiles, patent practitioners are experiencing their own misadventures when filing applications in the DOCX format. As of January 17, 2024, the U.S. Patent and Trademark Office (USPTO) mandated submitting all specification, claims and abstracts of non-provisional applications filed under 35 U.S.C. 111(a) in DOCX format or incurring a $400 surcharge (non-discounted). The DOCX mandate came after thousands, and likely tens of thousands, of practitioners, directly or indirectly, communicated their significant procedural, technical, legal, ethical, professional liability, and financial concerns to the USPTO.

Law Professors Say Judicial Conference’s Guidance on Case Assignment Practices is ‘Toothless’

Last week, the Judicial Conference of the United States issued guidance on recently announced changes to case assignment policies designed to prevent gamesmanship in litigation filed in U.S. district court. While the Conference’s guidance clarifies that the amendments are intended to impact patent lawsuits, where claims of judge-shopping have been rife, commentary from legal scholars highlights several issues with implementing these policy changes in the patent infringement context.

IP Goes Pop! – USPTO History Matters

This episode of IP Goes Pop!® takes listeners on an intimate journey into the archives of the United States Patent and Trademark Office (USPTO) and their historical significance. Guided by USPTO historian Rebekah Oakes, co-hosts, Shareholders, and Intellectual Property Attorneys Michael Snyder and Joseph Gushue explore the agency’s rich history and its impact on innovation and intellectual property.

CAFC Denies Apple Transfer Out of Albright’s Court

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s petition for a writ of mandamus asking the court to compel Judge Alan Albright of the U.S. District Court for the Western District of Texas to transfer its case to the Northern District of California. Carbyne Biometrics sued Apple for infringement of six patents via Apple’s “Secure Enclave” and Apple Cash platform features. Apple moved for transfer in July 2023, the motion was briefed in November 2023 and the district court denied the motion in December 2023 and said it would soon issue a decision. Apple filed the petition for writ of mandamus when no decision had issued by January 31, 2024 asking the CAFC to either stay the proceedings until a decision had issued or to compel transfer.

Becoming a Rainmaker: Familiarity and Trust Sell, Not Cold Contacts

If you are on LinkedIn, you undoubtedly get messages, perhaps daily, from some service provider that you don’t know who promises to be able to help you with some pain point. Unfortunately for those marketers who do not take the time to do even basic research, these inquiries often come off as rather pathetic and do little more than demonstrate that you certainly don’t want to work with them, ever. Seriously, if they can’t even read your LinkedIn profile to see what type of work you do, are you really going to trust them with something that matters?