Posts Tagged: Guest Contributor


International Approaches to Accelerating Innovation and Access in the Pandemic

In the wake of COVID-19, government officials around the world face unprecedented decisions about when and to what extent they should reopen their respective societies before effective …
By Karen Sebaski
2 days ago 0

Illumina v. Ariosa Diagnostics: A Closer Look

The Federal Circuit recently found that a method for preparing an extracellular DNA fraction from a pregnant human female and using it for analyzing a genetic locus …

Defensive Publications: A Cost-Effective Tool to Supplement Your Patent Strategy

In a world of unlimited resources and intellectual property (IP) legal department budgets, all invention disclosures would lead to patent application filings. But this was not the …

Dear USPTO: Patents for Inventions by AI Must Be Allowed

On July 29, 2019, U.S. patent application serial number 16/524,350 was filed with the U.S. Patent and Trademark Office (USPTO), with the sole inventor identified as artificial intelligence …
By Kirk Hartung
7 days ago 34

PTAB Institution Data Analysis Proves That Reforms Have Failed

Despite rumors that changes have been made at the USPTO to bring balance to the Patent Trial and Appeal Board (PTAB), a hard look at the data …
By Josh Malone
7 days ago 12

Patent Filings Roundup: The Return of the Founder, Retailers Target Wireless LLC, European NPE Revives 2G/3G Patent Wars

There were only 16 new PTAB filings—all inter partes reviews (IPRs)—this week, with a whopping 70 new district court complaints filed.  Those numbers were driven primarily by: 1) …
By Jonathan Stroud
8 days ago 0

Non-Limiting Preamble Costs Cochlear at CAFC

Cochlear Bone Anchored Solutions AB (“Cochlear”) owns U.S. Patent No. 7,043,040 (“the ‘040 patent”), directed to a hearing aid for use in those with unilateral hearing loss. Oticon …
By Kim Jordahl
8 days ago 3

Patent Rights and Wrongs in the COVID-19 Pandemic: EU and U.S. Approaches to Compulsory Licensing

As governments around the globe fight the COVID-19 outbreak, pharmaceutical companies race to develop a vaccine and potentially secure a patent for it. To speed the process, …

Trade Secret Litigation Reports: Four Years After the Enactment of the Defend Trade Secrets Act

On May 11, 2016, President Obama signed into the law the Defend Trade Secrets Act (DTSA) which extended the Economic Espionage Act of 1996 (EEA), which provides a broad basis …
By Peter J. Toren
10 days ago 2

Uniloc v. LG Shows that Broad Software Claims are Patent Eligible, Highlights the Perils of Concession

The Federal Circuit’s recent Uniloc v. LG Electronics decision (April 30, 2020) may be very helpful for subject matter eligibility. This Federal Circuit panel (Moore, Reyna & Taranto) held …
By Scott Zimmerman
10 days ago 14

(Not) Copyright Infringement: Is dbrand Infringing Nintendo’s IP?

Is imitation really the highest form of flattery? Nintendo might not think so after seeing dbrand’s latest Switch skin set. The Nintendo Switch has become extremely …
By Samantha Levin
12 days ago 7

Four Artificial Intelligence Technologies to Lead the Global Economy Out of the Pandemic

Technology innovation in artificial intelligence (AI) is accelerating at a breakneck pace, and the ability to innovate, adopt and integrate AI techniques to evolve business models will …
By Louis Lehot
14 days ago 0

Patent Filings Roundup: Forum Selection Clause Ends an IPR; Vape Wars: Philip Morris Strikes Back; Fortress Subsidiary Gets an NHK Spring Bounce

It was another business-as-usual week for patent filings in the District Courts and before the Patent Trial and Appeal Board, with 54 suits and 29 petitions (two post grant …
By Jonathan Stroud
15 days ago 1

Assessing the Impact of American Axle Six Months Out

Since the Supreme Court’s Alice decision in 2014, many patent prosecutors in Industrial & Mechanical Technologies practice groups have been spared the headaches that the decision created for …

Why We Need USPTO Examiners to Attend Inter Partes Reviews

Whoever wrote the America Invents Act (AIA) left out the U.S. Patent and Trademark Office (USPTO) examiners. The examiner on any given patent at issue in …
By Paul Hayes
16 days ago 39