Posts in Technology & Innovation
Beyond the Slice and Dice: Turning Your Idea into an Invention
The patent process actually starts well before you file a patent application or seek assistance from a patent attorney. Every patent application starts with an invention, and …
Other Barks & Bites, Friday, September 20: CAFC Issues Precedential Decisions on Patent Term Adjustment, DOJ Announces Trade Secret Charges, USPTO Urges CAFC Deference to POP
This week in Other Barks & Bites: the Federal Circuit issued a pair of precedential opinions affirming the USPTO’s determinations on patent term adjustment; Chuck Yeager filed …
Chrimar v. ALE: Federal Circuit Approves PTAB Nullification of Previously Affirmed Jury Verdict
Yesterday, the Federal Circuit once again breached a fundamental boundary of our American system of law. This particular transgression has occurred only a handful of times, but …
Bipartisan Effort to Resurrect Office of Technology Assessment Introduced
Yesterday, Senator Thom Tillis (R-NC) and Mazie Hirono (D-HI) and Representatives Mark Takano (D-CA) and Bill Foster (D-IL) introduced the Office of Technology Assessment Improvement and Enhancement …
ITC Investigates University of California Complaint Against Amazon and Other Major Retailers
In late August, the U.S. International Trade Commission published a notice of institution of a Section 337 investigation on behalf of the Regents of the University of …
As Lighthizer Negotiates on USMCA, Former HHS Secretary Warns Against Buying Into ‘Myths’
On September 13, U.S. Trade Representative Robert Lighthizer reportedly expressed a willingness to negotiate on several points of contention regarding the U.S.-Mexico-Canada Agreement (USMCA), including …
The Great Escape: Efficient Infringers Increasingly Seek to Abuse Antitrust Law
Last week the United States Court of Appeals for the Federal Circuit issued an important decision that might be easy to overlook. In Intellectual Ventures I LLC …
Trading Technologies Asks Supreme Court to Restore Congress’ Purpose in Creating the Patent Act
Trading Technologies International, Inc. (TT) has filed a petition for certiorari with the U.S. Supreme Court asking it to clarify U.S. patent eligibility law, including …
Ordinary Observer Test Is ‘The Sole Controlling Test for Determining Anticipation of Design Patents’
In Curver Luxembourg SARL v. Home Expressions, Inc. (CAFC, Sept. 12, 2019)—which already has become a rather infamous design patent case—the claims at issue recited an "ornamental …
A Step Forward for the STRONGER Patents Act
The bipartisan STRONGER Patents Act of 2019 took an important step forward last week, as the Senate Judiciary Subcommittee on Intellectual Property held a hearing on the proposed …
Federal Circuit Upholds PTAB Finding that Frymaster’s Patent is Not Obvious
The U.S. Court of Appeals for the Federal Circuit (CAFC) decided an appeal by Henny Penny Corporation (HPC) on September 12 involving HPC’s inter partes review (…
The Curious Case of the Trade Secrets that Weren’t
The normally staid world of intellectual property law was buzzing last year about one of the biggest trade secret cases and largest punitive damages awards in American …
Analyzing Judge Koh’s Errors in FTC v. Qualcomm: Highlights From Three Amicus Briefs
On August 30, a number of amicus briefs were filed in the FTC v. Qualcomm appeal in the U.S. Court of Appeals for the Ninth Circuit. The …
This Week in D.C.: NASA Deep Space Exploration, Small Business and Innovation, and Transportation Sustainability
This week in the U.S. Capitol and Washington D.C area., technology and innovation hearings in the House of Representatives will focus on tech at the …
Restrictive IP Policies Could Limit Innovation Opportunity
In the wake of fraudulent IP applications from foreign nations—namely China—the United States has recently enacted or called for policies that require foreign entities to …
