Posts Tagged: Guest Contributor


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, …
By Daniel Hanson
1 day ago 4

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’…
By James Edwards
3 days ago 7

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. …
By Matthew Epstein
7 days ago 5

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 …
By Paul Morinville
11 days ago 22

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 …
By Robert Levy
17 days ago 2

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 …
By Russell Slifer
18 days ago 50

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 …
By Bill Abrams & Rich Black
18 days ago 13

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 …
By Dr. Dariush Adli
18 days ago 1

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 …
By Robert Tarcu
19 days ago 7

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 …

‘Bad Patents’ Are Just Another Big Tech False Narrative

Over the last 15 years, Congress, the courts and the USPTO have gutted the patent system. Fortunately, USPTO Director Andrei Iancu has been taking important steps to reverse …
By Paul Morinville
22 days ago 26

A Lack of Focus on Trade Secrets Can Pose Serious Risks

We all talk about the importance of data as business assets, but when it comes to buying and selling the companies that own them, we seem not …
By James Pooley
23 days ago 1