Posts Archive


Adding a Cybersecurity Plan to the Business Plan: Cybersecurity and IP Considerations for Startups

Imagine the following scenario: You have an idea for a new mobile application. As adoption of the app picks up, so does your business, and you hire …

Delrahim, Simons Caution House Subcommittee Against Drawing Bright Lines on Antitrust Enforcement of Big Tech

The House Subcommittee on Antitrust, Commercial, and Administrative Law yesterday heard from Joseph Simons, Chairman of the Federal Trade Commission, and Makan Delrahim, Assistant Attorney General in …
By Eileen McDermott
8 days ago 6

Recent PTAB Decisions Provide a Roadmap for Combating Broadest “Unreasonable” Interpretation

As I have previously reported on KSJ Law, the Patent Trial and Appeal Board (PTAB) issued 80 decisions on appeals in October, and reversed the examiner in 24 of …
By Kim Jordahl
8 days ago 12

Eleventh Circuit Takes A Bite Out of Originality in Dentist Photographer Case

Ownership of a valid copyright requires that the work be independently created by the author and have some “minimal degree of creativity,” as required by Feist Publ’…
By Cole Carlson
8 days ago 4

Shah IP Law, PLLC Is Seeking to Hire 2-3 Patent Agents or Patent Attorneys

Shah IP Law, PLLC has an immediate need for 2-3 Patent Agents or Patent Attorneys with at least 2 years of experience in patent preparation, and patent prosecution. …

SCOTUS Petition: Stats Show Losing Patent Owner-Appellants Have a 66% Chance of Being Rule-36ed Versus 18% for Losing Petitioner-Appellants

Chestnut Hill Sound, Inc. has filed a petition asking the U.S. Supreme Court to consider whether the Federal Circuit’s disparate practice with respect to issuing …
By IPWatchdog
9 days ago 9

Curing the Drug Label as Prior Art Malady at the PTAB

Petitioners challenging patents covering pharmaceuticals and biologics often use drug product labels as prior art in the Patent Trial and Appeal Board (PTAB). To effectively use a …

Amazon Primed to Disrupt Legal Field with Launch of IP Accelerator Program

E-commerce giant Amazon is “known for its disruption of well-established industries,” as the company’s Wikipedia entry will tell you. What started out as a humble online …
By Matthew Frisbee
9 days ago 3

A Look at the Chrimar Amici: Inventors and IP Organizations Advocate for Rehearing En Banc as Federal Circuit Calls for ALE Response

Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) invited ALE USA Inc. to respond to Chrimar System Inc.'s petition for rehearing en …
By Nancy Braman
10 days ago 3

This Week in Washington IP: Antitrust Regulators Discuss Online Platforms, NASA’s Moon-Mars Program and Reauthorizing Compulsory Satellite Copyright Licenses

This week in tech and innovation hearings in Washington, D.C., the U.S. House of Representatives gets underway on Wednesday by exploring rulemaking at the Environmental …
By IPWatchdog
10 days ago 2

Rules on Copyright Infringement for Inline Linking Developing in the United States and Abroad

As the relationship between copyright and the internet continues to develop and technical distinctions are increasingly cast aside for more practical perspectives, new licensing opportunities are becoming …
By Ross Bagley
10 days ago 0

It Matters: A Former Administrative Patent Judge’s Take on Arthrex

As most of us know by now, in Arthrex, Inc. v. Smith & Nephew, Inc., entered on Halloween 2019, a panel of the Federal Circuit held that the administrative …
By Richard Torczon
11 days ago 20

Oral Arguments in Allen v. Cooper Pit Court Precedent Against Rising Tide of State Copyright Infringement

The Supreme Court heard oral argument in Allen v. Cooper (Case No. 18-877) on Monday, November 5, 2019. Petitioner Allen claims that the State of North Carolina infringed his …

IP Lessons Learned from WeWork: A Unicorn in Pursuit of Technology

In an article we published on this blog in November 2015, we documented the findings of a study of Unicorns (startups with valuations of over $1 billion) and their …
By Efrat Kasznik
11 days ago 11

Patent Rights at Risk, En Banc Review Needed in Chrimar v. ALE

Jury verdicts are supposed to be sacrosanct. The biggest opposition to the ratification of our Constitution in 1788 was due to its lack of protection for jury trials …
By Andy Schlafly
12 days ago 18