Posts Tagged: Guest Contributor
If Exceptions to 101 Are Codified, Patent Eligibility Chaos Will Be Worse
The Framework rolled out by Congress last week to fix Section 101 law in the United States will not improve the current 101 disaster. It codifies current exceptions and …
The Washington Post Misses the Mark on March-In Rights
The National Institute of Standards and Technology recently indicated in its "Return on Investment Initiative draft green paper" that it would issue regulations effectively ending attempts to …
How to Be an Effective Advocate When Responding To Examiners
You're a patent prosecutor. You've just received an office action. The examiner has rejected your claims. You think the examiner got it wrong. On the technical issues, …
Invest Pic v. SAP America, Inc. Amicus Brief Takes on CAFC’s ‘Physical Realm’ Test
Among the seven amicus curiae briefs filed Monday with the U.S. Supreme Court in InvestPic, LLC, v. SAP America, Inc., Eagle Forum Education & Legal Defense Fund’…
Tam 2.0? SCOTUS Likely to Strike Down Bar on Immoral/Scandalous Marks in Iancu v. Brunetti
Following our visit to the Supreme Court for Monday’s entertaining oral argument in Iancu v. Brunetti, we can report that the Court seems likely to strike …
Strategies for Preparing Infringement and Validity Opinions
A company must be strategic in any business decision it makes in order to ensure that it takes the necessary measures to avoid liability for its actions. …
Invitation to Join Amicus Brief in Federal Circuit Rehearing of Athena Diagnostics v. Mayo
Athena Diagnostics filed a petition for en banc rehearing of the United States Court of Appeals for the Federal Circuit’s decision in Athena Diagnostics v. Mayo …
Startups with Patents are the Ultimate Anti-Monopoly
Patents are often referred to as monopolies. But that is a fundamental misunderstanding of how patents work to enhance competition. The truth is that a patent is …
CAFC: Claim Construction That Misreads Plain Language of Claims and Specification Is Clearly Erroneous
The Federal Circuit recently vacated a district court decision which found a patent for the antipsychotic drug “Saphris,” belonging to Forest Laboratories (Forest), valid as nonobvious, but …
Inequitable Conduct and Unclean Hands: Is There a Difference and Does it Matter?
Inequitable conduct remains the most powerful defense to patent infringement. In contrast to other defenses to patent infringement that require a claim-by-claim analysis, the defense of inequitable …
The Federal Circuit Just ‘Swallowed All of Patent Law’ in ChargePoint v. SemaConnect
In ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) the Federal Circuit inexplicably stated in its opinion that “[i]t is clear from the language of claim 1 that the …
Request for Amici: Tell the Supreme Court to Clarify Section 101
On March 8, Foster Pepper filed a petition for certiorari with the Supreme Court, case number 18-1199, challenging the Federal Circuit’s emerging “physical realm” test as part …
Recent Cases Show Federal Circuit Is Concerned About ‘Over Abstracting’ Rejections of Method/ Process Patents
In one of its latest opinions attempting to parse precedent on the subject matter eligibility of software, method of use, and business method patents that arguably involve …
How the EPO and USPTO Guidance Will Help Shape the Examination of Artificial Intelligence Inventions
It is safe to say that Artificial intelligence (AI) and Machine Learning (ML) are hot topics and, as with any rapidly growing technological area on the industry …
UKIPO Invalidates Babybel Cheese Shape Mark
Fromageries Bel, owners of cheese brands including Boursin, Leerdammer and The Laughing Cow, have been dealt a blow by the UK Intellectual Property Office (UKIPO), with their …
