Posts Tagged: Guest Contributor


The Most Interesting Man in the Patent World Fights to Improve America’s Patent System

“I can tell you that my work in China and Japan and Korea tells me that the companies there are quite delighted to pick up the slack …
By Eli Mazour
18 hours ago 6

District Court Applies New Supreme Court Product Design Standard to Light Bulbs

My intuition is that the judge came to the correct conclusion, but that the Supreme Court test ultimately did little to guide her thinking.  As I mentioned …
By Lee Burgunder
22 hours ago 0

Here’s why the Equifax lawsuit could have far-reaching consequences

To get the case off the ground, the court will decide whether Equifax can be sued in the first place – it's tricky, because different federal circuits disagree …
By Tristan Sherliker
2 days ago 0

Are You at Risk of Being De-Equitized? Is It Time to Look for Option B?

Law firm partners are no longer safe in their positions once they attain equity partnership.   That security is a thing of the past.   If you are a …
By Bernard Knight
2 days ago 2

Crossing the Chasm: Avoiding and Surviving the PTAB

In 2012, the American Invents Act established three new administrative procedures: post grant review (PGR), inter-partes review (IPR), and covered business method patent (CBM) review. In each of …

A review of enhanced damages since Halo: Minimizing potential exposure to enhanced damages

Since the Supreme Court’s decision in Halo, there have been approximately 100 cases analyzing whether the adjudged infringer acted egregiously/willfully en route to a determination of …
By Theodore Chiacchio
6 days ago 0

Lessons from Five Years of PTAB Trials

As we mark the fifth anniversary of the effective date of Patent Trial and Appeal Board trials on September 16, we find that the early years of the …
By Jennifer Bush
8 days ago 40

The Bitcoin Network, Blockchain Technology and Altcoin Futures

In 2008, as the financial markets crumbled in the largest economic crisis the world has seen since the 1930s, Satoshi Nakamoto published a white paper describing his Bitcoin …

Trends in Copyright Litigation for Tattoos

An increasing trend in copyright infringement suits filed in the United States has tattoo artists bringing suit against entertainment entities, and in some cases against the tattoo …

Trademark a Band Name: What’s in a Rock Band’s Name?

While it is possible to copyright the design of a band logo, the band name itself is not copyrightable (see here and here). Band names are protectable …
By Amanda G. Ciccatelli
10 days ago 0

Securing Ownership Rights in Patents in the Real World

The basement inventor is increasingly rare, although I am old enough (and lucky enough) to know several. Invention in the “real world” is often a messy, team …
By Jeremy A. Cubert
12 days ago 13

A Repeatable Approach To Portfolio Monetization

To successfully monetize a patent portfolio, it is incredibly important to identify value within it, and to put in the work to prove to third parties and …
By Mike McLean
12 days ago 3

Ignorance of the Law is No Excuse for Cost of the USPTO’s High ex parte Appeal Reversal Rates

As the old saying goes: Ignorance of the law is no excuse. So there seems to be no good reason that the Examining corps’ inability to apply …
By Adam Stephenson
14 days ago 8

Inquiry into Unexpectedness is Essential Even for Determining Obviousness in Inherency

The Federal Circuit reversed. Indeed, it found that the Board committed legal error by improperly relying on inherency to find obviousness and in its analysis of motivation …

Making a Federal Case out of Trade Secrets

“The most important change was that DTSA allowed someone claiming their trade secret was being used improperly to go into a federal court,” explained Jacoby. “In most …
By Amanda G. Ciccatelli
19 days ago 4