Posts Tagged: USPTO


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 …
By Daniel Hanson
9 days ago 17

Why the Internet Has Become the Smart Way to Do Trademark Surveys

A few years ago, internet surveys in intellectual property (IP) litigation were novelties—but not anymore. In fact, the internet survey has more than come of age, …
By James Berger
10 days ago 0

Other Barks & Bites, Friday, August 9: IP Litigation Getting More Expensive, WIPO Launches .CN Dispute Resolution Service

This week in Other Barks & Bites: WIPO launches dispute resolution service for Chinese domain names; Morrison Foerster report shows that IP litigation costs are increasing as the …
By IPWatchdog
10 days ago 0

Apple Takes Another Bite with Motions to Stay, Vacate Federal Circuit’s Denial of Rehearing in VirnetX Case

In the latest stage of the nine-year VirnetX/ Apple patent saga, Apple has filed a Motion to Stay the Mandate and a Motion to Vacate in relation …
By Eileen McDermott
11 days ago 3

Apple’s Multiple Petitions Against Nartron Patent Underscore PTAB’s Serial IPR Problem

Last week, the Patent Trial and Appeal Board (PTAB) issued 18 institution decisions based on petitions for inter partes review (IPR) proceedings, instituting 10 and denying eight. One of …
By IPWatchdog
11 days ago 0

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 …

Trading Technologies Petitions Federal Circuit for En Banc Rehearing, Likening Its Invention to Mechanical Tool Claims

On July 31, Trading Technologies, a firm that develops software used for electronically trading derivatives, filed a combined petition for panel rehearing and rehearing en banc at the …
By Steve Brachmann
13 days ago 2

Seventh Circuit Finds Gatorade’s Use of ‘Sports Fuel’ in Its Slogan Constitutes Fair Use

The United States Court of Appeals for the Seventh Circuit last week ruled that well-known sports drink maker Gatorade's use of the slogan, ““Gatorade The Sports Fuel …
By IPWatchdog
13 days ago 2

VirnetX Scores Partial Win in Its Latest Federal Circuit Case with Apple

The United States Court of Appeals for the Federal Circuit last week affirmed-in-part, vacated-in-part, and remanded a decision of the Patent Trial and Appeal Board (PTAB) in …
By Nancy Braman
14 days ago 4

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 …
By Benjamin Ford
15 days ago 7

Submit Your Comments: USPTO Proposes to Raise Inter Partes Review and Other Fees

On Wednesday, July 31, Acting Chief Financial Officer of the USPTO Sean Mildrew posted an announcement on the USPTO’s blog explaining the Office’s reasoning for its …
By IPWatchdog
16 days ago 26

Three Inventions That Made My Summers Fun

As we enter the August heat, it’s worth remembering some of the patents that have made summers more bearable through the years, for kids and adults …
By Eileen McDermott
17 days ago 1

Other Barks & Bites, August 2: VirnetX Patent Claims Revived, AIA Trial Fees Increased, and CAFC Rules in Celgene that AIA Trials Do Not Violate the Fifth Amendment

This week in Other Barks & Bites: The Federal Circuit issues several precedential decisions, including one reviving the patent claims in VirnetX and another determining that America Invents …
By IPWatchdog
18 days ago 7

Rovi/Comcast Battle Grows Deeper and Spotify Takes Swing at S.I.S.V.E.L. Patent at PTAB

Last week, the Patent Trial and Appeal Board (PTAB) issued 39 decisions on inter partes review (IPR) proceedings, instituting 24 IPRs and denying 15. The PTAB instituted one of four …
By IPWatchdog
18 days ago 0