Posts Archive


Celgene Corp. v. Peter: Should the Federal Circuit Leave PTAB ‘Patent Takings’ Issue for Another Day?

Nearly four months ago, the Federal Circuit for the first time addressed the applicability of the Takings Clause of the Fifth Amendment to IPRs, holding in Celgene …

The Most Common Design Patent Application Rejections (and How to Avoid Them) – Part II

In Part I of this article, we examined the top three rejections for design patent applications, which are due to non-enablement, inconsistency, and ambiguousness. The fourth most …
By Kevin Prince
15 days ago 6

From the Flea Market to the Online Marketplace: How Brand Owners are Fighting to Keep Infringers at Bay

Trademark and copyright enforcement remains a significant challenge for licensors of popular brands across sports, entertainment, fashion and other industries. The Organization for Economic Cooperation and Development, …
By Bruce Siegal
15 days ago 0

Witnesses Tell House IP Subcommittee, “It’s Up to You” to Fix Arthrex

“It’s up to you to do the right thing and fix this,” said Professor Arti Rai of The Center for Innovation Policy at Duke University School …
By Eileen McDermott
16 days ago 19

Advising a Department Store on Its Brand Strategy? Get Creative or Go the Way of Barneys

Whenever I wanted my grandmother to reveal a deep secret—such as what I was getting for my birthday—she would reply by asking, “Does Gimbels tell …
By Alan Behr
16 days ago 0

The Most Common Design Patent Application Rejections (and How to Avoid Them) – Part I

As one of about 46,000 registered practitioners in the United States, most of us are unfortunately too well acquainted with Section 101, 102, and 103 rejections from the U.S. Patent …
By Kevin Prince
16 days ago 3

One Way or Another, Arthrex Promises to Put the PTAB on Trial

For weeks now I have been asking the United States Patent and Trademark Office (USPTO) to confirm how many Administrative Patent Judges (APJs) are currently employed by …
By Gene Quinn
17 days ago 21

CAFC Finds Columbia Patent Claims Invalid, Reverses Infringement Verdict

On November 13, the Court of Appeals for the Federal Circuit (CAFC) heard an appeal from the U.S. District Court for the Southern District of California in …
By Nancy Braman
17 days ago 2

This Week in Washington IP: House IP Subcommittee to Hold Hearing on Arthrex; Other Committees Consider Flu Vaccine Innovation, FCC Spectrum Auction Oversight

This week in Washington, D.C., the House Intellectual Property Subcommittee will explore the  impact of the Federal Circuit’s recent Arthrex decision on the Patent Trial …
By IPWatchdog
17 days ago 0

Federal Circuit Reverses District Court Finding that ‘Check Data’ Patent is Abstract

The U.S. Court of Appeals for the Federal Circuit (CAFC), in an opinion authored by Judge Chen, on Friday November 15 reversed a ruling of the District …
By Butch Laker
18 days ago 37

High Court This Time Grants Google’s Petition on Copyright for Software Interfaces

The Supreme Court has agreed to hear Google’s petition for a writ of certiorari in its long-running case with Oracle. The High Court will decide: 1. Whether …
By IPWatchdog
18 days ago 1

Lessons from an Independent Female Inventor: Today’s Patent Laws Preclude ‘SUCCESS’

It has been one year since my software patent was invalidated in the U.S. District Court for the Southern District of New York.  Now, this intellectual …
By Paula Murgia
18 days ago 16

Netlist Wins ITC Exclusion Order: Will the USPTO Support It?

Several weeks ago, the International Trade Commission (ITC) announced that Chief Administrative Law Judge (ALJ) Charles Bullock issued a Notice of Initial Final Determination recommending that certain …
By Gene Quinn
19 days ago 8

Arent Fox Seeks Patent Attorney or Agent for CA or DC Office

Arent Fox LLP has an open position for a patent attorney or patent agent with 2-4+ years of experience in patent preparation and prosecution for their Los …

The Problem of IPR Infringement in India’s Burgeoning Startup Ecosystem

For a country of 1.3 billion people who pride themselves on ingenuity, entrepreneurial spirit, and innovative thinking, a significant percentage of the Indian population is woefully unaware of …