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Berkheimer, the Administrative Procedure Act, and PTO Motions to Vacate PTAB § 101 Decisions

After several years in which the U.S. Patent and Trademark Office (PTO) did not seem to have an official position on the issue, and many Patent …
By Jeremy Doerre & David Boundy
3 hours ago 1

Warren Johnson, The Father of Thermostats and Automated Room Temperature Control

Warren Johnson one of the 2018 inductees into the National Inventors Hall of Fame for his invention of automatic room temperature control. July marks the anniversary of two …
By Steve Brachmann
6 hours ago 0

More Recent Posts

Entire Market Value Rule Inappropriate When Patented Feature Not Sole Driver of Customer Demand

Power Integrations, Inc. owns U.S. Patent Nos. 6,212,079 ("the '079 patent") and 6,538,908 ("the '908 patent"). Power Integrations sued Fairchild Semiconductor Corporation and Fairchild (Taiwan) Corporation (collectively "Fairchild") …

Oracle v. Google: Protecting Software Development, Not Destroying It

Many articles are coming out about how the recent decision in Oracle America v. Google is going to destroy the ability to create and protect software in …
By Bob Zeidman
1 day ago 0

Federal Circuit Vacates PTAB’s Determination of CBM Patent After Appeal by Apple and Google

On Wednesday, July 11th, the Court of Appeals for the Federal Circuit issued a decision in Apple v. ContentGuard Holdings vacating a decision by the Patent Trial …
By Steve Brachmann
1 day ago 0

Can You Trademark a Color?

Yes, under certain circumstances you can trademark a color... Examples of protectable color marks include: red soles for women’s high-heel dress shoes, where the rest of …
By Michael Bernet
2 days ago 2

Northern Florida District Judge Decides That Dentist’s Copyright Claims Have No Bite

On June 20th, U.S. District Judge Mark Walker of the Northern District of Florida issued an order on summary judgment which terminated Pohl v. Officite, a …
By Steve Brachmann
2 days ago 1

Nasal Spray Patents Covering Migraine Drug Zomig Not Invalid As Obvious

The sole question on appeal was whether it would have been obvious to make zolmitriptan into a nasal spray. The Federal Circuit agreed with the district court …

Avery Dennison Seeking a Group IP Counsel in Ohio or The Netherlands

Avery Dennison is currently looking for a Group IP Counsel in either their Mentor OH or Oegstgeest, The Netherlands locations.  The scope and responsibilities of the position …

Reflections on Drug Patents and the High Cost of Healthcare

The Hatch-Waxman Act and the Biologic Price Competition and Innovation Act are both forged from a noble ideal, grounded in a commitment to a robust and earnest …
By Arie Michelsohn
3 days ago 1

Bittersweet Milestone: Ten Million Patents Issued in the US, but What Are They Worth?

Last month, the U.S. Patent Office issued patent number 10,000,000. This historic occasion calls for rethinking our patent system and the future of American innovation... It is …
By Alex Poltorak
4 days ago 4

House Small Business Committee Holds Hearing on IP in Digital Economy With a Mostly Anti-Patent Panel

On the morning of Wednesday, July 11th, the House Small Business Committee held a hearing titled Innovation Nation: How Small Businesses in the Digital Technology Industry Use …
By Steve Brachmann
4 days ago 2

Using Anonymous Third-Party Submissions to Advance Your Business Goals

A decent patent strategy starts with protecting your current commercial product.  A better patent strategy builds on this by not only considering what is, but what could …
By Peter Sleman
4 days ago 6

PolarityTE stock tumbles, harassed by activist short seller misrepresenting Public PAIR data

Whether the Citron report is intentionally wrong for the purpose of causing PolarityTE stock to tumble, which it has, or whether it is recklessly wrong, or just …
By Gene Quinn
5 days ago 19

Still No Answer From PTAB on Apple Sanctions Request Against VoIP-Pal After Six Months

And yet, despite this apparent vindication of VoIP-Pal’s patents against the strongest of odds in an executive branch tribunal where APJ panels are stacked in the …
By Steve Brachmann
5 days ago 11

High Efficiency Video Coding: How the video ecosystem is evolving

The latest television technology (4K) contains four times the number of pixels as 1080p (full HD). Without HEVC, broadcasters wanting to transmit programs in 4K quality face …
By Gaurav Agnihotri
5 days ago 1

Enabling Technologies and the Underinvestment Problem

Certain innovations—known as enabling technologies—provide the foundation for progress across a range of industries. Enabling technologies include mobile wireless, the laser, CT scanners, the microprocessor, …
By David Teece
6 days ago 2

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