Posts Tagged: intellectual property
Determining Essentiality: An Analysis of SEPs and Tips to Avoid Over-Declaration
A close examination of SEP databases reveals that a large number of patents that have been declared SEPs are not essential.... Patent owners are obliged to declare …
As America Falls Off Global Innovation Map, an IP-Friendly USPTO Pick is More Crucial than Ever
As is customary, President Joseph R. Biden has spent much of his first month in office building out his administration’s Cabinet. His nominations for Secretary of …
U.S. Copyright Office Issues New Final Rule on Group Registration for Albums
On Tuesday, February 23, the United States Copyright Office issued a final rule that creates a new “group” registration option for albums of music and works related to …
How to Safeguard AI Technology: Patents versus Trade Secrets
A common refrain is that an invention is only as valuable as the patent that protects it. But what happens when you cannot secure the patent? This …
Mechanical Licensing Collective’s $424.4 Million Unmatched Royalty Collection Highlights Music Modernization Act’s Limited Liability Compromise
On February 16, the Mechanical Licensing Collective (MLC) – a nonprofit organization designated by the U.S. Copyright Office to administer blanket mechanical licenses to eligible streaming and download …
Analyzing the Three Key Provisions of the Trademark Modernization Act
Most people associate the Consolidated Appropriations Act of 2020 with its COVID relief and stimulus measures, rather than trademarks. While these measures are of course the primary focus …
Dyk Splits from CAFC Panel on Application of Collateral Estoppel to Inter Partes Reexaminations
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Monday held that the Patent Trial and Appeal Board (PTAB) incorrectly found certain claims of …
Trade Secrets and the Insider Threat: Protection Beyond the Perimeter
The managers of most companies tend to see information security as a Lord of the Rings problem, with the focus on protecting the perimeter. This reflects the …
What Increased Success Rates for Amending Claims During Post-Grant Proceedings Means for Patent Litigation
As reported by the Patent Trial and Appeal Board here and by others, the motion to amend pilot program (see 84 Fed. Reg. 9497), which took effect in March 2019, …
CAFC Reverses In-Part, Vacates In-Part PTAB Patentability Finding for Skin Cancer Detection Device
On February 18, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in an appeal by Canfield Scientific, Inc. (Canfield) from the …
Federal Circuit Affirms District Court Decision Blocking Poultry Chiller Patent Suit Due to Equitable Intervening Rights
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday upheld an Arkansas district court’s decision to grant Morris & Associate Inc.’s motion …
This Week in Washington IP: Rebuilding U.S. Research Enterprises Post-COVID, Climate Change Innovation Strategies and Examining the SolarWinds Data Breach
This week in Washington IP news, both the Senate and the House of Representatives get back into their schedule of committee hearings with the Biden Administration starting …
Eighteen Dollars for Her Patent: Ellen Elgin and the Story of the Clothes-Wringer
In August 1888, Ellen Elgin, a black woman housekeeper, invented a clothes wringer which allowed clothing to be washed and dried faster by feeding clothes through two rollers …
Getting Ready for Arthrex: What the Amici Are Saying
The U.S. Supreme Court has agreed to hear, on March 1, 2021, whether administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) of the U.…
Black Women Inventors Recall Their Paths to Success in USPTO Black History Month Event
On February 10, the United States Patent and Trademark Office (USPTO) hosted its annual Black History Month program, “Contemporary Black Women Inventors.” The event spotlights Black inventors and …
