Posts Archive


Visual Search Engines: A New Side Door for Competitors or a Better Infringement Detection Tool?

Text-based search engines, such as Google and Yahoo (remember Ask Jeeves?), were arguably the most important development leading to our now everyday reliance on the Internet. The …
By Geoffrey Lottenberg
14 days ago 1

Judge Paul Michel: Look to Congress, Not Courts, to Fix the U.S. Patent System

During a break at IPWatchdog’s recent Patent Masters™ Symposium, former Federal Circuit Chief Judge Paul Michel went on record to express his grave concerns about the …
By Eileen McDermott
15 days ago 19

CAFC: Claim Construction That Misreads Plain Language of Claims and Specification Is Clearly Erroneous

The Federal Circuit recently vacated a district court decision which found a patent for the antipsychotic drug “Saphris,” belonging to Forest Laboratories (Forest), valid as nonobvious, but …

Amster, Rothstein & Ebenstein LLP is looking for a Patent Prosecution Junior Associate

Amster, Rothstein & Ebenstein LLP is looking for a Patent Prosecution junior associate in the mechanical or technical arts with 2 - 5 years experience.  The position is located in …

First House IP Subcommittee Hearing of 116th Congress Addresses Ways to Increase Female Inventorship

Today, April 3, the Senate Subcommittee on Intellectual Property held a hearing titled Trailblazers and Lost Einsteins: Women Inventors and the Future of American Innovation—a topic that …
By Steve Brachmann
16 days ago 12

Inequitable Conduct and Unclean Hands: Is There a Difference and Does it Matter?

Inequitable conduct remains the most powerful defense to patent infringement. In contrast to other defenses to patent infringement that require a claim-by-claim analysis, the defense of inequitable …
By Robert Levy
16 days ago 2

The Federal Circuit Just ‘Swallowed All of Patent Law’ in ChargePoint v. SemaConnect

In ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) the Federal Circuit inexplicably stated in its opinion that “[i]t is clear from the language of claim 1 that the …
By Russell Slifer
17 days ago 50

Request for Amici: Tell the Supreme Court to Clarify Section 101

On March 8, Foster Pepper filed a petition for certiorari with the Supreme Court, case number 18-1199, challenging the Federal Circuit’s emerging “physical realm” test as part …
By Bill Abrams & Rich Black
17 days ago 13

Recent Cases Show Federal Circuit Is Concerned About ‘Over Abstracting’ Rejections of Method/ Process Patents

In one of its latest opinions attempting to parse precedent on the subject matter eligibility of software, method of use, and business method patents that arguably involve …
By Dr. Dariush Adli
17 days ago 1

How the EPO and USPTO Guidance Will Help Shape the Examination of Artificial Intelligence Inventions

It is safe to say that Artificial intelligence (AI) and Machine Learning (ML) are hot topics and, as with any rapidly growing technological area on the industry …
By Robert Tarcu
18 days ago 7

In Honor of April Fools’ Day: Diving Into Deepfakes

Deepfake technology has made headlines recently for its use in creating fake portrayals of celebrities, but the long term implications could be much more sinister than phony …
By Amanda G. Ciccatelli
18 days ago 0

IP and Innovation on Capitol Hill: Week of April 1: Medicare Drug Pricing, Lost Einsteins and Data Privacy

This week on Capitol Hill will include a series of hearings related to tech and innovation topics on Tuesday at the House of Representatives, where debate will …
By IPWatchdog
18 days ago 0

Latest Apple/Qualcomm Ruling Highlights Question of ‘Unwilling Licensees’

On March 20, U.S. District Judge Gonzalo Curiel of the Southern District of California issued an order denying a motion by Apple, which was seeking partial judgment …
By Steve Brachmann
19 days ago 4

UKIPO Invalidates Babybel Cheese Shape Mark

Fromageries Bel, owners of cheese brands including Boursin, Leerdammer and The Laughing Cow, have been dealt a blow by the UK Intellectual Property Office (UKIPO), with their …

Other Barks & Bites: New Register of Copyrights, Win for Qualcomm at ITC and Big Tech Up in Arms Over New EU Copyright Rules

This week in Other Barks & Bites: Karyn Temple is appointed Register of Copyrights; the International Trade Commission recommends excluding certain iPhone models for infringing Qualcomm patent claims; …
By IPWatchdog
21 days ago 0