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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
