Posts in Patents
The Washington Post Misses the Mark on March-In Rights
The National Institute of Standards and Technology recently indicated in its "Return on Investment Initiative draft green paper" that it would issue regulations effectively ending attempts to …
This Week in D.C.: Think Tanks Discuss U.S.-China Diplomacy, AI’s Effects on American Jobs and the Government Software Supply Chain
Capitol Hill remains quiet this week as both the U.S. House of Representatives and Senate enter a second straight week of work periods. Technology and innovation …
Hurricane Maria Delivered the Injury to Puerto Rico, But New Tax on Foreign IP Delivered the Insult
The year 2017 proved to be a difficult one for the territory of Puerto Rico. Even before Hurricane Maria hit in September of that year, the island was …
Inventor Asks Supreme Court to Review CAFC Decision on MPEP Rule Allowing Reopening of Examination After Appeal
On April 10, inventor Gilbert Hyatt and the American Association for Equitable Treatment (AAET) filed a petition for writ of certiorari with the U.S. Supreme Court asking …
An Entrepreneur’s Guide to Navigating California’s Complex Cannabis Industry
As of now, ten states have legalized recreational cannabis. Twenty-one other states allow medicinal use of cannabis, many of which are expected to legalize recreational cannabis in …
How to Be an Effective Advocate When Responding To Examiners
You're a patent prosecutor. You've just received an office action. The examiner has rejected your claims. You think the examiner got it wrong. On the technical issues, …
Reactions Roll in On Congress’s Proposed 101 Framework: ‘The Right Approach’ or ‘A Swing and a Miss’?
Yesterday, members of congress announced in a press release a proposed framework to fix patent eligibility law in the United States.Reactions to the framework were mixed. …
Cheekd Follow-Up: Pirri Responds, Cheek Implores Nadler to Help Curb U.S. Patent Abuses
Earlier this week we reported on Lori Cheek, an independent inventor who is defending herself for the second time against accusations brought by Alfred Pirri, Jr. of …
A Story of Ethics and Optics: Former PTAB Judge Matt Clements Now Works for Apple
IPWatchdog recently learned that Apple, Inc. has hired former Administrative Patent Judge Matt Clements. Although Clements’ LinkedIn profile does not reflect the fact that he has left …
Change May Be Coming: Members of Congress Release Framework to Fix Patent Eligibility Law
In a promising indication that there is real momentum on The Hill to fix Section 101 law, several Senators and Representatives today proposed a framework for addressing 101-related …
Invest Pic v. SAP America, Inc. Amicus Brief Takes on CAFC’s ‘Physical Realm’ Test
Among the seven amicus curiae briefs filed Monday with the U.S. Supreme Court in InvestPic, LLC, v. SAP America, Inc., Eagle Forum Education & Legal Defense Fund’…
How U.S. Patent and Litigation Abuse Can Deter Small Inventors: The Story of Cheekd
In one more example of ways the U.S. patent system can be stacked against the small inventor, we have the story of Lori Cheek, who more …
Federal Circuit Vacates and Remands District Court’s Infringement and Willfulness Findings in Omega Patents v. CalAmp
On April 8, the Court of Appeals for the Federal Circuit issued a precedential decision in Omega Patents, LLC v. CalAmp Corp. that reversed and vacated a district …
Matching Patents to Products: Determining Which Patents Will Be Implemented in Real-World Commercial Products
An important part of any patent portfolio manager’s work is to understand which patents are likely to be implemented in real-world technology. We can think of …
Patent Eligibility of Medical Diagnostic Inventions: Where Are We Now, and Where Are We Headed?
In each of the recent Federal Circuit decisions on medical diagnostics inventions, Athena Diagnostics v. Mayo Collaborative Services, 2017-2508, (Fed. Cir. Feb. 6, 2019) (“Athena”) and Cleveland Clinic Found. …
