Posts in Patents


Federal Circuit vacates PTAB decision for failure to explain reason claims were invalid

Unlike the Board’s anticipation determinations, which contravened the only permissible findings that could be drawn from the prior art under the proper constructions of the relevant …
By Joseph Robinson & Robert Schaffer
47 minutes ago 0

Is there a Light at the End of the Alice Tunnel?

Maybe I’m being too optimistic. But in a pair of decisions issued within a week of each other, Berkheimer v. HP and Aatrix Software v. Green …
By Meredith Addy
22 hours ago 15

PTAB Ruling Tainted by Hindsight; Failure to Consider Undisputed Commercial Success

The Federal Circuit also remanded to the Board further consideration of the undisputed evidence presented by Polaris that its ATVs were a commercial success. Polaris presented undisputed …

CAFC says PTAB Entitled to Weigh the Credibility of Experts, Ignore Attorney Argument

Elbit’s expert argued that the asserted claims were obvious because the two-step and three-step methods are “mathematically equivalent” in that the three-step method simply reorders steps …

Didi Chuxing acquires 150 patents in automotive, self-driving space

International patent brokerage and Intellectual Property advisory firm Tangible IP is poised to announce that it has successfully brokered the sale of a patent portfolio of close …
By Gene Quinn
2 days ago 0

Nordt Succeeds in Appeal to Federal Circuit on Knee-Brace Application

Despite its ultimate conclusion, the Court observed that Nordt failed to “persuasively or precisely” articulate to the Board “what structural limitation is imparted” by the “injection molded” …

Federal Circuit Affirms Preliminary Injunction

Turning to the injunction, Infineon was enjoined from undertaking certain activities concerning products in the Exclusive Field that practice the licensed patents. The Court vacated this provision …

Distribution Agreement Considered a Commercial Offer and On-Sale Bar

The Federal Circuit reiterated that the on-sale bar does not exempt commercial agreements between a patentee and its supplier or distributor. It is the commercial character of …

CAFC affirms PTA calculation because patentee did not properly request early national stage examination

The Federal Circuit found that Actelion was required to make an express request to commence early national stage examination. Actelion’s statement “earnestly soliciting early examination,” which …

Berkheimer v. HP: Federal Circuit says patent eligibility a factual determination inappropriate for summary judgment

Berkheimer is also equally important, if not more important, because it stands for the proposition that questions of fact can and do underline patent eligibility determinations. This …
By Gene Quinn
3 days ago 14

A Surreal Endeavor: Asserting Patent Rights in the U.S.

Asserting patent rights is a surreal endeavor these days. While the statistics on survival at the PTAB are improving, with the percentage of initiated proceedings declining and …
By Meredith Addy
4 days ago 14

American Entrepreneurship Languishes as Startups Face Unfavorable Ecosystem

There can be no dispute that the level of business startup activity has been on the decline in the United States over the past few decades. So …

The USPTO Celebrates Valentine’s Day with Barbershop Quartet IP Love Song

The United States Patent and Trademark Office is celebrating Valentine's Day with a special world premiere music video featuring a Barbershop Quartet singing the praises of — and …
By Gene Quinn
5 days ago 1

Zuckerberg Announces Facebook Users will Determine Trustworthiness of News

On January 19th, Facebook CEO and founder Mark Zuckerberg announced that his company would increase its efforts against “fake news” by asking its users to rate the …
By Benjamin Joe
5 days ago 6

Jury finds Corel willfully infringed Microsoft Office patents

Microsoft argued that Corel willfully infringed the ’828, ’036, ’237, ’140, ’532, and ’865 patents. The asserted Microsoft patents are directed to graphic user interfaces used in Microsoft products, such as Microsoft Office. …
By Gene Quinn
6 days ago 4