Posts in IP News
Tracking Buyer and Seller Behavior: 2018 Patent Market Report
As a buyer, tracking the behaviors of sellers, both in aggregate and individually, allows you to operationalize your buying activities. This is especially true for repeat sellers, …
How to Keep Your Trademarks Forever
Trademarks must be continuously used to be enforceable. If you stop using them, they are lost. This also means you should have evidence to prove use of …
Other Barks & Bites, Friday May 24: Coons Requests Info on Alexa Privacy, Congress Pushes 101 Reform, and Qualcomm Will Appeal Its Loss to the FTC
This week in Other Barks & Bites: Chinese state media pushes back on the United States’ claims of intellectual property theft; a bipartisan coalition from both houses of …
Patent Trends Study Part Thirteen: Building Materials
This is the last in a 13-part series of articles authored by Kilpatrick Townsend. The series examined industry-specific patent trends across 12 key patent-intensive industries. In this 13-part …
Athena Diagnostics v. Mayo Collaborative Services: a Paradigm of Patent Eligibility Meriting En Banc Review
In Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, 1376 (Fed. Cir. 2015) the Federal Circuit belittled pioneering work at Oxford University, indisputably one of the world’s leading …
Why Creators Like Me Are Lining Up in Support of the CASE Act
I have heard it said that a right without a remedy isn’t really a right. This saying completely and accurately sums up my experience with copyright …
PTAB Precedential Decision Designations Continue Patent Owner-Friendly Trend
On May 7, the U.S. Patent and Trademark Office (USPTO) designated two recent decisions of the Patent Trial and Appeal Board (PTAB) as precedential, bringing the number …
Draft Text of Proposed New Section 101 Reflects Patent Owner Input
A group of Senators and Representatives has just released the draft text of a bipartisan, bicameral proposal to reform Section 101 of the Patent Act. Senators Thom Tillis (…
Judge Koh Delivers Qualcomm Brutal Defeat Despite Apple’s Proven Manipulation
In a 233-page Order issued yesterday, Judge Lucy Koh of the United States Federal District Court for the Northern District of California handed Qualcomm a stinging defeat …
Legislative Recommendation for the SUCCESS Act: Recognize the Inventor
Pursuant to the 2018 SUCCESS Act, Congress directed the USPTO to submit to it a report on the results of a study that provides legislative recommendations for how …
More Patent Packages Sold in 2018 Than Any Other Market Year
When discussing potential patent purchases with buyers, we continue our push to end the use of the phrase “low quality” to broadly characterize rejected patents. We often …
Determining When a Printed Publication is Publicly Accessible
Twice during the last year, the Federal Circuit found itself clarifying the meaning of public accessibility of a printed publication for the purposes of prior art under 35 …
House Drug Pricing Hearing Goes Off Script
Most Congressional hearings are morality plays designed to reach a predetermined outcome. It wasn't hard to predict how the second hearing on drug pricing by the House …
Federal Alcohol Labeling Following Tam and Brunetti
The U.S. Supreme Court and the Court of Appeals for the Federal Circuit recently struck down certain trademark registration requirements on First Amendment grounds. These cases …
In Mission Product Ruling, Supreme Court Clarifies Longstanding Circuit Split on Effects of Bankruptcy on Trademark Licenses
As predicted, the U.S. Supreme Court has ruled that a debtor’s rejection of a license agreement in bankruptcy proceedings does not mean the licensee no …
