Posts Tagged: Guest Contributor
Federal Circuit: ‘Physicality’ of Processing Paper Checks Does Not Save Solutran’s Claims from 101 Challenge
The Federal Circuit recently reversed the District of Minnesota’s denial of summary judgment and held claims related to paper check processing invalid under 35 U.S.C. § 101. …
The ‘Dragon’ Targets U.S. Biopharma Lead
Perhaps the report on China's strategy for eclipsing the U.S. lead in biopharma from the Information Technology & Innovation Foundation (ITIF) resonated so strongly with me because …
The Law Firm’s Reply: A (Satirical) Sequel to the IP Client’s ‘Love’ Letter
Upon receipt of the fateful “love” letter from its fictitious IP client, the fictitious law firm was speechless—momentarily. Feeling aggrieved and misunderstood, and yet hopeful that …
Another PTAB Casualty: Emmy Awarded Wireless Microphone Technology Could Be Invalidated
On October 25, the AIPLA Annual Meeting will host a Patent Trial and Appeal Board (PTAB) Inter Partes Review (IPR) trial to determine the fate of a pair …
Update on 101 Rejections at the USPTO: Prospects for Computer-Related Applications Continue to Improve Post-Guidance
The Supreme Court’s 2014 decision in Alice v. CLS Bank made it significantly more difficult to obtain patents for some computer-related technologies. it is, at best, questionable …
AIPLA: The Supreme Court Must Ensure the U.S. Government Adheres to the American Rule in Peter v. NantKwest
When a patent or trademark applicant loses in front of the U.S. Patent and Trademark Office (USPTO), they can either appeal to a court of appeals …
Integrity, Quality and Secure IP Rights Are Standard-Essential
The decision came down to two technologies for detecting and correcting noise in signals transmitted over the air for 5G—one of the most fundamental features for …
Claimed Method As a Whole Must Be Described to Satisfy Written Description Requirement
The Federal Circuit recently affirmed a Patent Trial and Appeal Board (Board) decision finding that Dr. Stephen Quake and Dr. Christina Fan’s (collectively, “Quake”) asserted claims …
Are All Safety-Related Inventions Obvious After Celgene?
The case of Celgene Corp. v. Peter, Nos. 2018-1167 et al. (Fed. Cir. July 30, 2019) has drawn attention for its decision that inter partes review (IPR) may be …
Seventh Circuit Clarifies When Utility Patents Can Be Used as Evidence of Functionality in Trade Dress Cases
On June 12, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 (7th Cir. June 12, 2019). …
Next Steps After Celgene: Federal Circuit Ruling on Takings Clause and IPRs Leaves Open Questions
Since the Supreme Court upheld the constitutionality of inter partes review (IPR) a little more than a year ago in Oil States, several patent owners have brought …
Five Practical Settlement Strategies to Get Your Client Out of Dodge
Let’s face it, intellectual property (IP) litigation is a very expensive and risky endeavor. For the accused infringer, the prospect of going to trial means high …
Clarifying the U.S. Approach to Copyright and Plagiarism
Copyright is one of the most important intellectual property rights for any individual in America. The power to grant protection of copyrights “by securing for limited Times …
Federal Circuit Vacates and Remands PTAB Decision on Public Accessibility
The Federal Circuit recently vacated and remanded a decision by the Patent Trial and Appeal Board (PTAB), finding that the PTAB applied the wrong legal standard for …
Artificial Intelligence Inventor Asks If ‘WHO’ Can Be an Inventor Is the Wrong Question?
Recently a group out of the University of Surrey provided a new challenge to the definition of inventor, asking “who what may be an inventor on a …
