Posts Tagged: Guest Contributor
The Implicit Exception to § 101 for Abstract Ideas Should Be Narrowly Construed
There is an alternative route is available to stay true to Supreme Court eligibility jurisprudence: Apply the Supreme Court’s standard approach of narrowly construing statutory exceptions …
Disparaging, Immoral, and Scandalous Trademarks Since Matal v. Tam
A little more than one year ago, the U.S. Supreme Court struck down the Lanham Act’s disparagement clause as unconstitutional in Matal v. Tam, 137 S. …
Protecting Innovation During the 3D Revolution
Innovators often face the question of how to best protect their new ideas. Patents immediately come to mind for new products and processes. However, copyright protection should …
Software Patent-Eligible Subject Matter: Claiming Improvements in Computer Functionality
Particularize the claims. This helps overcome the “abstract” part of a 101 rejection. Put details into the claims to define the steps performed in the software and hardware …
Categorical Rules and Why the Investpic Holding Should Worry Everyone
This assertion is a mischaracterization of Alice Corp., which never held that the intermediated settlement claims at issue in Alice Corp. were abstract because of the risk …
Seven Steps to Cohesively Combining In-House Legal Departments in a Merger or Acquisition
Companies involved in a merger or acquisition often bring respective legal departments that must be combined after the M&A transaction closes. This presents a singular opportunity …
Aqua Products: Is It Helping Patent Owners Swim Better Nine Months Later?
At the time, many thought this change in law would significantly assist patentees in avoiding full-blown cancellation of their claims. However, our review suggests a case-by-case analysis …
No Light at the End of the Tunnel, Not Even Close
It’s been over eight years since the Supreme Court issued its Bilski v Kappos decision, over six years since the Supreme Court issued its Mayo v. …
How Intellectual Property Informs the Investment in a Private Equity Transaction
Technology and intellectual property (IP) have become vital components to virtually every business in all industries as they often drive the value and efficiencies of a business …
Which Invalidity Avenue to Take: Inter Partes Review Verses Post-Grant Review
The United States Patent and Trademark Office (USPTO) provides invalidity tools via inter partes review (IPR) and post-grant review (PGR), but which route is better? ... PGRs are …
Software Licensing Disputes Are On the Rise
Software licensing disputes are on the increase, a trend that is being driven to a large degree by customers implementing new technologies without examining how this affects …
Copyright and Tattoos: Who owns your ink?
As of 2012, one in five adults in the United States have at least one tattoo. While some designs are simple, many are incredibly complex, original works of …
Expectation of Success – How Much is Reasonably Needed for Obviousness
How much is needed to reasonably prove obviousness? In UCB, the majority found UCB, Inc.’s asserted claim nonobvious under non-statutory double patenting. The dissent, however, found …
Inviting Danger into the Home: Understanding the Market for Counterfeit Baby Products and How Both Parents and Brands Can Better Protect Children
How should new parents avoid putting their young children in unnecessary harm and avoid counterfeit baby products? Caregivers should purchase directly from the brand, either through its …
For Design Patent Owners (and Alleged Infringers), The Third Time is Not a Charm
Ultimately, the jury’s large damage award might not be the lasting storyline of this case. Apple’s “victory” here shows that well-crafted design patents can offer …
