Posts in Patents


In an Abstract Idea Context, Little Is Unmistakably Within the Bright-line Eligibility Prohibition

It seems clear that the Supreme Court did not intend to categorically prohibit patenting of everything which can be characterized as an abstract idea at some level …
By Jeremy Doerre
18 hours ago 9

Apple’s Declaratory Judgment Backfires, Turns Into $145.1M Damages Verdict Wi-LAN

On August 1st, a jury verdict entered in the Southern District of California awarded $145.1 million in reasonable royalty damages to Canadian IP licensing firm Wi-LAN in a …
By Steve Brachmann
23 hours ago 1

Misapplication of Obviousness: What the MPEP gets wrong about obviousness rejections

MPEP 2141 actually cites to Arendi, but then quotes the case entirely out of context. This is a worrisome problem that can be found in many parts of …
By Gene Quinn
2 days ago 14

Qualcomm Reaches Settlement With Taiwan Free Trade Commission Wiping Out Most of $773M Antitrust Penalty

On Thursday, August 9th, San Diego, CA-based semiconductor developer Qualcomm Inc. announced that it reached a mutually agreed settlement with the Taiwan Fair Trade Commission (TFTC) which …
By Steve Brachmann
2 days ago 0

The Implicit Exception to § 101 for Abstract Ideas Should Be Narrowly Construed

There is an alternative route is available to stay true to Supreme Court eligibility jurisprudence: Apply the Supreme Court’s standard approach of narrowly construing statutory exceptions …
By Jeremy Doerre
3 days ago 32

US Inventor Files Amicus Brief With CAFC in Support of En Banc Rehearing on Single-Reference Obviousness Issue

On August 1st, the non-profit inventor advocacy group US Inventor filed an amicus brief with the Court of Appeals for the Federal Circuit asking the court to …
By Steve Brachmann
3 days ago 0

How to Write a Patent Application

Writing a patent application is not as easy as many think. Indeed, the concept of usefully describing the invention, which on its face seems easy enough to …
By Gene Quinn
4 days ago 1

Tech Giants Lead the Way on Fintech Patents, Ahead of Banks

British patent data insights firm Cipher recently released an IP strategy report that provides a look at how many firms are patenting technologies in the hopes of …
By Steve Brachmann
5 days ago 0

iPEL Responds to Skeptics by Expanding Free Licensing Program

What if those who own large patent portfolios decided to actually help start-ups by opening up their patent portfolios to those start-ups rather than have those companies …
By Gene Quinn
6 days ago 2

Congressman Rohrabacher Introduces the Inventor Protection Act to Protect Inventor-Owned Patents

Congressman Dana Rohrabacher (R-CA) has introduced H.R. 6557, the Inventor Protection Act, into the House of Representatives. This bill is the latest proposed piece of legislation to …
By Steve Brachmann
6 days ago 49

USPTO proposes CLE and bar dues for patent practitioners

The United States Patent and Trademark Office (USPTO) has provided the Patent Public Advisory Committee (PPAC) information relating to proposed patent fees in advance of the PPAC …
By Gene Quinn
7 days ago 21

Arista Pays Cisco $400M to end Patent Litigation at District Court and ITC

On Monday, August 6th, Santa Clara, CA-based computer networking Arista Networks filed a Form 8-K with the U.S. Securities and Exchange Commission (SEC) announcing the firm …
By Steve Brachmann
7 days ago 0

Software Patent-Eligible Subject Matter: Claiming Improvements in Computer Functionality

Particularize the claims.  This helps overcome the “abstract” part of a 101 rejection. Put details into the claims to define the steps performed in the software and hardware …
By G. Michael Roebuck
7 days ago 30

Federal Circuit Dismisses PTAB Appeal Because Appellant Fails to Prove Injury-In-Fact for Standing

On Friday, August 3rd, the Court of Appeals for the Federal Circuit issued a precedential decision in JTEKT Corporation v. GKN Automotive, which dismissed an appeal stemming …
By Steve Brachmann
7 days ago 1

Cannabis Extract Patent Assertion Underscores Issue of Limited Prior Art for Marijuana Inventions

The suit, filed in the District of Colorado, involves the assertion of cannabis patent claims covering liquid formulations of highly enriched extracts of plant cannabinoids... United Cannabis …
By Steve Brachmann
8 days ago 13

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