Posts in Patents


EFF Trolls the Patent Office with ‘Save Alice Campaign’

The Electronic Frontier Foundation (EFF) is at it again, this time with what they refer to as a Save Alice campaign. The EFF does not like the …
By Gene Quinn
7 days ago 22

IP and Innovation on Capitol Hill: Week of March 11

This week on Capitol Hill, both houses of Congress are abuzz with a full schedule of hearings related to science, technology and innovation topics. In the House …
By IPWatchdog
8 days ago 1

Sounds Fishy: Can Broadening Language Actually Be Limiting?

In a previous essay, I discussed a U.S. Supreme Court case that had nothing to do with patent law, but that patent practitioners may wish to …
By Daniel Hanson
8 days ago 1

Post-Myriad Legal and Policy Considerations for Patenting Genetic Inventions

The U.S. Supreme Court’s 2013 ruling in Association for Molecular Pathology v. Myriad Genetics changed the landscape of what is considered patentable material in the context …

Mission Impossible? How to Effectively Draft the Background Section of a Patent Specification in Compliance with Both USPTO and EPO Practice

Preparation of the background section of a specification that complies with the requirements of both U.S. Patent and Trademark Office (USPTO) and European Patent Office (EPO) …
By Enrica Bruno
10 days ago 6

Other Barks & Bites for Friday, March 8

This week in Other Barks & Bites: The United Nations highlights the importance of women in innovation on International Women's Day; Comments due today on USPTO Section 101 Guidance; …
By IPWatchdog
11 days ago 0

How the Owner of ‘Findmyphone’ Patents Overcame a 101 Objection Under the New USPTO Guidance

I hold nine U.S. computer security device recovery and communication patents relating to Findmyphone technology, which helps owners display return or recovery information before or with …
By Carrie Hafeman
11 days ago 12

Congress is Trying to Fix 101: To Do So, They Must Overrule Mayo

The state of patent eligibility in America is shocking. Between the passage of the 1952 Patent Act and 2012, when the U.S. Supreme Court decided Mayo Collaborative Services …
By Gene Quinn
11 days ago 34

When Strategies Collide: Freedom to Operate Clashes with Freedom of Action in Converging Industries

What happens when technology convergence fundamentally changes your patent risk profile? What do you do when your customer demands broad intellectual property (IP) indemnification and your supplier …

TC Heartland Two Years On: Waiting for Federal Circuit Panels to Get on the Same Page

In May of 2017, the United States Supreme Court delivered a unanimous decision in TC Heartland LLC v. Kraft Food Group Brands LLC that reversed the Federal Circuit …
By Gene Quinn
12 days ago 5

Federal Circuit Says Correction of Inventorship Claims Were Plausible, Vacates District Court Dismissal in Coda v. Goodyear

The Federal Circuit recently vacated a district court’s decision dismissing a complaint under Federal Rule of Civil Procedure 12(b)(6). Coda Development S.R.O. v. Goodyear …

What Happens to Diagnostic Method Patents After Athena?

I am sure that the justices of the Supreme Court did not anticipate the confusion they created when they issued their controversial decision in Alice Corporation v. …
By Robert Stoll
13 days ago 5

A Plea to All IP Stakeholders: Support Director Iancu’s Efforts to Restore the Value of U.S. Patents

USPTO Director Andrei Iancu’s 2019 Revised Patent Subject Matter Eligibility Guidance promises to virtually eliminate the greatest patent problem of our time. If implemented properly by the …
By Mark Marrello
13 days ago 25

IPR Tax, Alice Shock, and the Dynamics of the Licensing Market as Reflected by the LES High-Tech Royalty Surveys

The Licensing Executives Society (LES) 2017 High Tech Deal Term & Royalty Rate Survey is a milestone event for at least three reasons. First, it was the third survey …
By Jack Lu
13 days ago 0

Elgin v. Dept. of the Treasury and Preserving Constitutional Issues Before the USPTO

Those who practice in the field of patents tend to focus almost exclusively upon developments in patent law and pay less attention to developments in other areas …
By Daniel Hanson
14 days ago 1