Posts filtered by tags: Patent Office[x]


 

New PatentlyO Law Journal Essay: Is There Any Need to Resort to a § 101 Exception for Prior Art Ideas?

New PatentlyO Law Journal Essay by Jeremy C. Doerre.  Mr. Doerre is a patent attorney with the law firm of Tillman Wright, PLLC. In the wake of Alice, many observers have suggested that the implicit judicial exception to 35 U.S.C. § 101 for abstract ideas is now sometimes being used as a judicial or administrative shortcut to invalidate or reject claims that should properly be addressed under 35 U.S.C. § 103. This article notes that “the concern that drives this exclusionary principle [is] one o...
Tags: Google, Supreme Court, Law, Dc, Jeremy, Patent, Alice, Federal Trade Commission, Donald, PAUL, Mayo, Duffy, Patent Office, Federal Circuit, ARIAD, John F Duffy


United States: The Patent Office POPs The Door Open For Same-Party Joinder - Wolf, Greenfield & Sacks, P.C.

In September 2018, the Patent Office created the Precedential Opinion Panel (or "POP") to increase transparency and predictability of proceedings before the PTAB by establishing precedent
Tags: News, United States, Patent Office, Precedential Opinion Panel, Same Party Joinder Wolf Greenfield


United States: Patent Office Announces New Amendments Procedure For AIA Trials - Marshall, Gerstein & Borun LLP

The implemented program appears to address those concerns.
Tags: News, United States, AIA, Patent Office, Marshall Gerstein, Borun LLP


You’ve Been Accused of Patent Infringement—Now What?

By Kevin Wagner and Theodore Budd Most businesses go about their day-to-day routine without too much focus on intellectual property issues. But then one day an accusation of patent infringement arrives. This accusation could be in the form of a formal complaint filed in Federal District Court, an aggressive cease and desist letter, or a more “friendly” notice letter identifying a patent that may be relevant to the company’s business and is available for licensing. Once a communication of this so...
Tags: Lawsuit, Legal, Australia, Court, Sales, Ted, Intellectual Property, Patent, Patent Infringement, Publications, Federal Court, Facebook Twitter, Patent Office, North America Europe, Federal Circuit, U S Patent Office


You’ve Been Accused of Patent Infringement—Now What?

By Kevin Wagner and Theodore Budd Most businesses go about their day-to-day routine without too much focus on intellectual property issues. But then one day an accusation of patent infringement arrives. This accusation could be in the form of a formal complaint filed in Federal District Court, an aggressive cease and desist letter, or a more “friendly” notice letter identifying a patent that may be relevant to the company’s business and is available for licensing. Once a communication of this so...
Tags: Lawsuit, Legal, Australia, Court, Sales, Ted, Intellectual Property, Patent, Patent Infringement, Publications, Federal Court, Facebook Twitter, Patent Office, North America Europe, Federal Circuit, U S Patent Office


Walker-Process Antitrust Case is Back Before the Federal Circuit

by Dennis Crouch The Court of Appeals for the Federal Circuit (CAFC) has exclusive appellate jurisdiction over any “appeal from a final decision of a district court of the United States . . . in any civil action arising under . . . any Act of Congress relating to patents.”  28 U.S.C. § 1295(a)(1).  “Arising under” jurisdiction clearly include patent cases, but it also includes a “special and small category” of cases that don’t directly arise under the Patent Act, but involve patents decisions a...
Tags: Supreme Court, Law, Congress, United States, Sherman, Patent, Fed, Newman, Fifth Circuit, PTO, Clayton, Patent Office, Minton, Gunn, Federal Circuit, 5th Circuit


Apple is closing its two stores in patent-litigation haven Eastern Texas for a brilliant reason (AAPL)

Apple is closing its two stores in a specific district in Eastern Texas and opening up a new one just across the border. And its a brilliant move to throw off so-called patent trolls, who flourish  Apple is closing both of its stores in a specific district in Eastern Texas, and opening up a new one just across the district's border, reports Joe Rossignol at MacRumors. This a brilliant way for Apple to shrug off pesky lawsuits from so-called patent trolls, while also giving the cold shoulder t...
Tags: Apple, Texas, Trends, Xiaomi, Dallas, Electronic Frontier Foundation, Joe Rossignol, The Supreme Court, Patent Office, United States District Court, United States Supreme Court, Eastern District of Texas, Plano Texas, Frisco Texas, Northern District, Eastern Texas


Apple is reportedly closing its two stores in patent-litigation haven Eastern Texas for a brilliant reason (AAPL)

Apple is closing its two stores in a specific district in Eastern Texas and opening up a new one just across the border. And its a brilliant move to throw off so-called patent trolls, who flourish  Apple is closing both of its stores in a specific district in Eastern Texas, and opening up a new one just across the district's border, reports Joe Rossignol at MacRumors. This a brilliant way for Apple to shrug off pesky lawsuits from so-called patent trolls, while also giving the cold shoulder t...
Tags: Apple, Trends, Dallas, Electronic Frontier Foundation, Joe Rossignol, The Supreme Court, Patent Office, United States District Court, United States Supreme Court, Eastern District of Texas, Plano Texas, Frisco Texas, Northern District, Eastern Texas, Texas Eastern District, Galleria Dallas


Albert Einstein's Theory of Relativity was inspired by Scottish philosopher

Albert Einstein was inspired to propose his Theory of Relativity after reading the works of a 18th century Scottish philosopher, it has emerged. A new letter, discovered at the University of Edinburgh shows that the German-born theoretical physicist had studied David Hume’s A Treatise of Human Nature just before proposing special relativity in 1905. The groundbreaking theory suggested that the speed of light remained the same even if the observer was speeding up or slowing down, suggesting that ...
Tags: Science, Vienna, Albert Einstein, Einstein, University of Edinburgh, Princeton University, Bern, Patent Office, James Clerk Maxwell, Hume, David Hume, Treatise of Human Nature, Allan Ramsay, University of Edinburgh He, Ernst Mach, Moritz Schlick


New PatentlyO Law Journal article: Colleen Chien, Deferring Patentable Subject Matter

This past fall at the Administering Patent Law symposium at Iowa Law, Professor Colleen Chien presented an argument in favor of more intentional experimentation by administrative  agencies such, as the USPTO to test policy concepts and proposed several possibilities.  Below, Professor Chien describes one such project, based on the Merges/Crouch proposal for deferring patentable subject matter analyses in prosecution.  Read the accompanying PatentlyO Law Journal article here: Colleen V. Chien, P...
Tags: Google, Supreme Court, Law, Congress, Iowa, Uspto, Dc, Department Of Homeland Security, Patent, Alice, Federal Trade Commission, Donald, Chien, PAUL, Mayo, Duffy


DRAFTING PATENT ELIGIBLE CLAIMS; A SIMPLE EXAMPLE – CONTINUED

Guest post by Howard Skaist, founder of Berkeley Law & Technology Group, LLC. In 2014, two months after Alice was decided by the Supreme Court, a post that I wrote appeared on Patently-O proposing an approach to claim drafting in light of the Alice decision using a “thought experiment” as an illustration.  A hypothetical in that post suggested trying to claim the original computer spreadsheet VisiCalc before the Alice decision and then after the Alice decision.  The conclusion of the post as to ...
Tags: Supreme Court, Law, Patent, Alice, Patent Office, US Patent Office, Howard Skaist, Berkeley Law Technology Group LLC, Alice Framework, Spreadsheet Alice Corp


Supreme Court Asked Whether “Control” over the IPR is Required to Trigger the 315(b) Time Bar

by Dennis Crouch WesternGeco LLC, v.  ION Geophysical Corp. (Supreme Court 2019) [Petition] In 2018, WesternGeco seemingly won its international-patent-damages case against ION — with the court agreeing that lost-profit damages are available even for extra-territorial sales.  After winning its $100 million trial against ION, WesternGeco sued another competitor, Petroleum Geo-Services (PGS), for infringement.  PGS then challenged the asserted patents in an Inter Partes Review (IPR) proceeding th...
Tags: Supreme Court, Law, Ion, Patent, Board, PTO, Patent Office, Federal Circuit, UCC, PGS, IPR, WesternGeco, Dennis Crouch, WesternGeco LLC, Inter Partes Review IPR, Time Bar


Did You Know: Reducing USPTO Fees

The America Invents Act requires the USPTO Director to consider reducing Patent Office fees each fiscal year.  In particular, the Act requires that the Director: (1) shall consult with the Patent Public Advisory Committee and the Trademark Public Advisory Committee on the advisability of reducing any fees [subject to USPTO Fee Setting Authority] and (2) after the consultation required under paragraph (1), may reduce such fees. This requirement is not codified in the U.S. Code because it is part ...
Tags: Law, AIA, Patent, Patent Office, Trademark Public Advisory Committee, Patent Public Advisory Committee, USPTO Fee Setting Authority


Patent File Wrapper Estoppel Comes to Canada

In a move that surprised many in the IP community, a budget bill that received royal assent before the holidays, introduced file wrapper estoppel to Canadian patent law. Bill C-86 (link) included a number of changes to intellectual property legislation including enacting the College of Patent Agents and Trade-mark Agents Act, reforming the Copyright Board, and numerous amendments to the Patent Act, Trade-marks Act and Copyright Act. One of the changes to the Patent Act, allows for the patent fil...
Tags: UK, Supreme Court, Law, US, Canada, United States, Intellectual Property, US supreme court, Patent Office, Locke, SG, Eli Lilly Co, Neuberger, Pollard Banknote Limited, Babn Technologies Corp, Copyright Board


Software Patents Poised To Make a Comeback Under New Patent Office Rules

Ben Klemens writes via Ars Technica: A landmark 2014 ruling by the Supreme Court called into question the validity of many software patents. In the wake of that ruling, countless broad software patents became invalid, dealing a blow to litigation-happy patent trolls nationwide. But this week the US Patent and Trademark Office (USPTO) proposed new rules that would make it easier to patent software. If those rules take effect, it could take us back to the bad old days when it was easy to get broad...
Tags: Europe, Supreme Court, Tech, Alice, Patent Office, Federal Circuit, US Patent and Trademark Office USPTO, Ben Klemens, Federal Circuit Appeals Court, CLS Bank the Federal Circuit, Enfish the Federal Circuit


Patent trolls celebrate as Trump's new rules breathes fresh life into parasitic grifter capitalism

A golden age of blackmail began in 1996, when the US Patent and Trademark Office created extremely generous criteria for when software could be patented, allowing every shitty grifter to register a patent for $SOMETHING_OBVIOUS (with a computer) -- thanks to the USPTO's laid-back approach to searching prior art, several people could patent the same obvious thing. That was the first shoe dropping: big corporations, patenting everything under the sun. The other shoe dropped when grifters and ...
Tags: Post, News, Supreme Court, US, Patent Trolls, Patents, Uspto, Alice, Trump, Patent Office, Trademark Office, NPES, Federal Circuit, Supreme Court and Federal Circuit, CLS Bank, Enfish


Guest Post by Profs. Frakes and Wasserman: Irrational Ignorance at the Patent Office

By: Michael D. Frakes, Duke University School of Law and Melissa F. Wasserman, The University of Texas School of Law The Patent Office, which processes over half-a-million patent applications a year, routinely faces budgetary shortfalls, high patent examiner turnover, and a crushing backlog of patent applications.  Given this challenging environment, it is not surprising that the patent examination process generates some degree of error, including errors that culminate in the issuance of a signi...
Tags: Law, Congress, Patent, Michael, Patent Office, Wasserman, Mark Lemley, Lemley, Vanderbilt Law Review, Duke University School of Law, Melissa F Wasserman, Profs Frakes


United States: Court Sends Networking Patent Inventorship Dispute To Bench Trial - Proskauer Rose LLP

The Patent Office denied institution of the IPR without comment on the inventorship.
Tags: News, United States, Patent Office, IPR, Proskauer Rose LLP


Standing to Appeal IPR Judgments: When does a Statute Create Injury-in-Fact?

by Dennis Crouch JTEKT Corporation vs. GKN Automotive LTD. (Supreme Court 2018) In 2016, JTEKT (Toyota) an inter partes review (IPR) petition challenging GKN’s Patent No. 8,215,440 (2wd/4wd dual drive-train).  During the IPR, GKN disclaimed the broadest claims, and the PTO confirmed validity of the remaining claims.  Here, the key difference from the prior art was a negative limitation – that the system coupling is “without a differential gearing.”  Wanting to also cancel those claims, JTEKT app...
Tags: Supreme Court, Law, Congress, Uspto, Robins, Patent, Gkn, PTO, Patent Office, Federal Circuit, IPR, Spokeo Inc, Dennis Crouch, RPX Corp, ChanBond LLC, JTEKT


Agency Bad Guidance Practices at the Patent and Trademark Office: a Billion Dollar Problem

David Boundy’s writing often focuses on the intersection between administrative procedure and Patent Office operations. In his new Patently-O Law Journal essay, Boundy walks through several ways that the USPTO’s procedural failures are creating difficulties for patent applicants. Example 1: The secret 2007 restriction memo Example 2: Unpublished rules for ADS submission of bibliographic data Example 3: MPEP § 2144.03(C) misstatement of the law of intra-agency Official Notice Example 4: MPEP § 1...
Tags: Google, Law, Uspto, Dc, Patent, Journal, Alice, Federal Trade Commission, Hyatt, Donald, PAUL, Mayo, Duffy, PTO, Patent Office, Trademark Office


Russian Federation: Can London-Based The Ritz Hotel Limited Register Ritz Paris Mark? - Gorodissky & Partners

The Patent Office issued a refusal, arguing that the word element 'Paris' was a geographical indication (ie, the capital of France) pointing to the place of rendering services,
Tags: News, France, Paris, Partners, Patent Office, Gorodissky, Ritz Hotel Limited Register Ritz Paris Mark


November 14 roundup

Police show up to enforce gun confiscation order against Maryland man under new “red flag” law, he brandishes weapon, they shoot him dead [Leah Crawley and Ashley Barnett, Fox Baltimore; Colin Campbell, Baltimore Sun] Claim: “The Kavanaugh debacle cost the Democrats the Senate” [Marc Thiessen] If I cheer for Neomi Rao is it going to hurt her confirmation chances? [Jesus Rodriguez, Politico on nomination of OIRA head for Kavanaugh seat on D.C. Circuit] “Please conduct yourself accordingly”: Ma...
Tags: Maryland, Guns, Supreme Court, Law, Senate, Court, Uncategorized, Uspto, Siberia, Patent Law, Frank, Mike Masnick, Whitaker, D.C. Circuit, Patent Office, Third Circuit


Alexander Milburn Co. v. Davis Bournonville Co., 270 U.S. 390 (1926)

Alexander Milburn Co. v. Davis Bournonville Co., 270 U.S. 390 (1926) Syllabus 1. Where a patent application fully and adequately disclosed, but did not claim, the thing patented to a later applicant alleging a later date of invention, the later applicant was not the “first inventor” within Rev.Stats. § 4920. P. 270 U. S. 399. 2. As regards “reduction to practice,” a description that would bar a patent if printed in a periodical or in an issued patent is equally effective in an application. P. 27...
Tags: Law, Office, Perdue, Clifford, Patent, Chapman, Webster, Ogden, General Electric Co, Patent Office, Underwood, Higgins, Coffin, McClain, Gerber, Whitford


Is the Government a Person?

The Supreme Court has granted a writ of certiorari in the Return Mail v. U.S. Postal Service, but only as to the first question petitioned: Whether the government is a “person” who may petition to institute review proceedings under the Leahy-Smith America Invents Act. Over the last few years, we have learned that a person is a person, a corporation is a person, and a monkey is not a person. The question here is whether the U.S. Government is a person. The setup here is that the statute allows fo...
Tags: Supreme Court, Law, US, Omaha, AIA, Patent, Wilson, Stevens, U S Postal Service, PTO, Patent Office, Federal Circuit, Leahy Smith America, SAS the Supreme Court, Return Mail, U S Government US Postal Service


Indian Tribes, States, and Sovereign Immunity before the PTAB

by Dennis Crouch Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., App. No. 18-1638 (Fed. Cir. 2018) The Federal Circuit has denied the Mohawk Tribe’s petition for en banc rehearing on the issue of whether sovereign immunity may be asserted in inter partes review (IPR) proceedings.  Although the case focused on immunity of federally recognized Indian tribes, the Federal Circuit decision is broadly written to also include patents owned by individual states.  [Fed.Cir.St.Regis.Decision] A pa...
Tags: Minnesota, Supreme Court, Law, Allergan, Patent, Fed, FMC, Patent Office, St Regis, Federal Circuit, IPR, Dennis Crouch, Fed Cir, Mylan Pharmaceuticals Inc, Iancu, Mohawk Tribe


United States: Rule Changes Will Advance A Famous Judge Rich Axiom - Marshall, Gerstein & Borun LLP

The Patent Office proposed and invited comments on these changes in a May 2018 notice in the Federal Registe
Tags: News, United States, Patent Office, Marshall Gerstein, Borun LLP


Chien and Wu: Decoding Patentable Subject Matter

Professor Colleen Chien and Jiun Ying Wu are working their way through an analysis of millions of USPTO office actions.  In this Patently-O L.J. essay, the pair reports on how the PTO is examining applications for patentable subject matter.  The article documents “a spike in 101 rejections among select medical diagnostics and software/business method applications following the Alice and Mayo decisions.”  Although rejections rose within certain art units, the pair found little impact elsewhere. C...
Tags: Google, Law, Uspto, Dc, Patent, Journal, Alice, Federal Trade Commission, Donald, Chien, PAUL, Mayo, Duffy, PTO, Patent Office, Wu


GLOCK Defeats SIG SAUER Motion for Preliminary Injunction in Patent Infringement Case

GLOCK Defeats SIG SAUER Motion for Preliminary Injunction in Patent Infringement Case U.S.A. –-(Ammoland.com)- GLOCK refers to media reports discussing pending patent litigation between SIG Sauer, Inc. and GLOCK GmbH.In January 2018, SIG Sauer, Inc. (SIG) filed a patent infringement suit along with a motion for a preliminary injunction against Glock GmbH (GLOCK Austria) in the Commercial Court Vienna, Austria.SIG´s motion requested the court to prevent GLOCK from manufacturing and selling some...
Tags: Guns, Austria, Military, United States, Handguns, US Army, Vienna Austria, Glock, Patent Office, Sig Sauer, Shooting Industry News, Firearm News, Pistol, Glock Pistols, GLOCK Inc, Smyrna Georgia


GLOCK Defeat SIG SAUER Motion for Preliminary Injunction in Patent Infringement Case

GLOCK Defeat SIG SAUER Motion for Preliminary Injunction in Patent Infringement Case U.S.A. –-(Ammoland.com)- GLOCK refers to media reports discussing pending patent litigation between SIG Sauer, Inc. and GLOCK GmbH.In January 2018, SIG Sauer, Inc. (SIG) filed a patent infringement suit together with a motion for a preliminary injunction against Glock GmbH (GLOCK Austria) in the Commercial Court Vienna, Austria.SIG´s motion requested the court to prevent GLOCK from manufacturing and selling so...
Tags: Guns, Austria, Military, United States, Handguns, US Army, Vienna Austria, Glock, Patent Office, Sig Sauer, Shooting Industry News, Firearm News, Pistol, Glock Pistols, GLOCK Inc, Smyrna Georgia


Director Iancu Produces Glimmer of Patent Eligibility Hope

By Kevin E. Noonan -- U.S. Patent and Trademark Office Director Andrew Iancu gave the introductory keynote address at the 46th Annual Meeting of the Intellectual Property Owners (IPO) Association on Monday, and his talk provided the prospect of a Patent Office administration dedicated, as former Solicitor Nancy Linck advocated several years ago at a Biotechnology Innovation Organization annual meeting, to adopt policies aimed at helping the courts (including the Supreme Court) come to the correc...
Tags: Supreme Court, Law, Office, Patent Office, Trademark Office, U S Patent and Trademark Office, Patent Office Rules & Procedures, Patent Docs, Patentable Subject Matter, Kevin E Noonan, Biotechnology Innovation Organization, Iancu, Andrew Iancu, Intellectual Property Owners IPO Association, Nancy Linck