Posts Archive
Lessons on Patent Subject Matter Eligibility from Dropbox v. Synchronoss
Since the Supreme Court decided Alice Corporation Pty. Ltd. v. CLS Bank International et al. on June 19, 2014, the number of patent application rejections by the U.S. …
Bilski and Its Expansion of the Abstract Idea Exception: A Failure to Define
The Supreme Court's Bilski v. Kappos decision—which celebrated its 10th birthday this past weekend—still matters, even in the age of Mayo-Alice. For one thing, the …
Supreme Court Declines to Consider PTAB Authority to Overturn Article III Decisions
On June 30, the U.S. Supreme Court denied certiorari to Chrimar Systems, Inc., thereby letting stand a decision of the United States Court of Appeals for the …
Federal Circuit Affirms PTAB’s Conclusion of Obviousness on Grounds of Common Sense
On June 26, the U.S. Court of Appeals for the Federal Circuit affirmed a final written decision of the U.S. Patent and Trademark Office’s Patent …
The Consumer is King: High Court Sides with Booking.com, Rejecting Per Se Test for Generic.Com Trademarks
The U.S. Supreme Court has sided with Booking.com, ruling that a generic term paired with .com “is a generic name for a class of goods …
Intellectual Property and Bankruptcy: The IP Value Proposition that Startups Should Not Overlook During Financial Distress
The international economic disruption caused by COVID-19 presents unprecedented challenges. Thriving tech startup companies worth millions in January might find themselves struggling to stay afloat today. This …
Eighth Circuit Finds ‘Hot Pocket’ Patents Were Not Fraudulently Obtained
On June 18, the U.S. Court of Appeals for the Eighth Circuit (the circuit court) affirmed the district court’s grant of summary judgment in Inline Packaging, …
Copyright Office Begins Period of Petitioning for Exemptions to Section 1201 of the DMCA
On June 22, the U.S. Copyright Office published a request for petitions in the Federal Register, which officially kicked off the eighth triennial rulemaking process for temporary …
This Week in Washington: Digitized Payment Systems, Operation Warp Speed and Changing American Tech
This week in our nation’s capital, the Senate Banking Committee holds a hearing on introducing decentralized ledger technologies into government payment systems while the Senate Labor …
Federal Circuit Agrees with PTAB that Firebug’s Footwear Claims Are Obvious
On June 25, the U. S. Court of Appeals for the Federal Circuit (CAFC) affirmed an appeal from two final written decisions of the United States Patent and …
Ten Years From Bilski: The Beginning of the End, with No Improvement in Sight
Ten years ago today, the U.S. Supreme Court handed down what at the time was one of the most important patent decisions in decades. It signaled …
Illegal Circulation of E-Newspapers Online and Through Messaging Apps: Implications for Copyright and Contractual Violations
On March 25, 2020, the Indian government declared lockdown throughout the country, and we could not have anticipated the number of issues across all sectors that would surface in …
Other Barks & Bites for Friday, June 26: SCOTUS Denies Cert to PTAB Challenges, CAFC Issues Three New Precedential Patent Decisions, and Ninth Circuit Revives The Shape of Water Copyright Case
This week in Other Barks & Bites: the House of Representatives approves a bill by voice vote which would enable the sale of acceleration certificates for patent applications …
Federal Circuit Affirms PTAB Finding that Adidas Did Not Prove Nike Patent Claims Unpatentable as Obvious
The U.S. Court of Appeals for the Federal Circuit (CAFC) yesterday affirmed a Patent Trial and Appeal Board (PTAB) decision that certain claims of Nike, Inc.’…
Avoid the Patent Pit of Despair: Drafting Claims Away from TC 3600
I’ve recently hosted two webinars on patent classification, taking a look at how contractors for the U.S. Patent and Trademark Office (USPTO) determine where to …
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