The Curious Engineer

Patently-O

2015–2016

870 posts

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2016 392

December 2016

  1. Guest Post: TC Heartland and Statutory Interpretation
  2. Patentlyo Bits and Bytes by Anthony McCain
  3. Peace and Happy Holidays.
  4. Merry Christmas!
  5. The “Right” to Challenge a Patent
  6. AIPLA comes out in favor of USPTO rule for patent agent-client privilege
  7. Chicken?: Test your Patent Test Taking Skills 2017
  8. Patentlyo Bits and Bytes by Anthony McCain
  9. Lee v. Tam and A Basket of Deplorable People
  10. US Patent Litigation New Filings By Year
  11. Idenix v. Gilead: $2.5 Billion for Patent Infringement
  12. Default Judgment for Major Discovery Failures
  13. Goodbye E.D.Texas as a Major Patent Venue
  14. Returning to our Roots with Reasonable Royalties
  15. Yes, All Elements Rule Still Applies to Infringement
  16. Power Integrations v. Fairchild Semiconductor
  17. JobDiva: Service Mark for Software
  18. Dennis David Crouch
  19. Dennis David Crouch
  20. Coming in 2017: Reforms to Copyright Law and the Copyright Office
  21. Lemley-Oliver-Richardson: Patent Purchases and Litigation Outcomes
  22. Judging Ex Parte Cases
  23. What it takes to Prove a Motivation to Combine
  24. ABA Issues Opinion Addressing Disputes over Fee Division
  25. LifeTech v. Promega Oral Arguments: What is a ‘Substantial Portion’ of the Components
  26. Samsung v. Apple: Design Patent Damages May be Limited to Components
  27. Effective December 1: No more 3 additional days in federal court to respond for papers served by e-mail
  28. Top Patent Law Stories of 2016
  29. Guest Post: Can an Inventorship Be Challenged in a PGR Proceeding?
  30. The Federal Circuit and Appeals from the Patent Office
  31. Prof Mark Lemley’s New Article
  32. Patent Law vs Property Law in Impression Prods. v. Lexmark Int’l.
  33. Looking forward to:
  34. Updated terms of use
  35. Provisional Patent Application Filings

November 2016

  1. Microsoft v. Enfish: Turns Out the Claims Are Obvious
  2. Patentlyo Bits and Bytes by Anthony McCain
  3. European Unitary Patent Court One Step Closer with UK Signaling Assent
  4. Is it Obvious to Combine Five References?
  5. More Pressure on Texas Supreme Court to Enforce Ethical Rules Despite Arbitration Clauses
  6. Exhaustion and Conditional Sales
  7. Filing Patent Lawsuits
  8. Federal Circuit Orders PTO to limit business method review trials (CBM) to “financial products or services” since that is the law
  9. Happy Thanksgiving and Moving Forward in a Pluralistic America
  10. Prosecution Bars, Experts, and IPR
  11. Economic Nationalism and the U.S. Patent System
  12. Patent Claim Counts
  13. References Cited
  14. Patent Term Adjustment Statistics
  15. Arbitrating Attorney Fees: No Appeal?
  16. Sedona Conference Guidance on Parallel Litigation and PTAB Proceedings
  17. Patentlyo Bits and Bytes by Anthony McCain
  18. Director Lee: IP is a Necessary Key Piece of President-Elect Trump’s Promised Economic Growth and Job Creation
  19. USPTO Proposed to Revise Rule 56
  20. No Common Interest Privilege in NY Without Anticipated Litigation
  21. Ski at Snowmass: January 4-8, 2017 (and Talk Law)
  22. Supreme Court Patent Cases: Post Sale Exhaustion
  23. What Would Eliminating Chevron Deference mean for Patent Law
  24. Federal Circuit’s Internal Debate of Eligibility Continues
  25. Citing to Supreme Court’s Eligibility Cases
  26. President Trump and the Patent Office
  27. 9th Circuit en banc follows others and adopts Octane for Trademark Fee Shifting
  28. Results of the Clarity of the Record Pilot
  29. A BETR Journal: The Business, Entrepreneurship & Tax Law Review
  30. Partial-Institution Decisions Blessed by En Banc Federal Circuit
  31. Vote 2016
  32. Pendency of US Patent Applications
  33. What is the Steady-State Patent Allowance Rate?
  34. There’s No Such Thing as a Content Based Unconstitutional Condition
  35. USPTO Allowance Rate
  36. SCA Hygiene Laches Oral Arguments: How Do we Interpret Congressional Silence?
  37. Pending Patent Applications

October 2016

  1. Patentlyo Bits and Bytes by Anthony McCain
  2. Copyright on a Useful Item
  3. AIA Patents – Approaching 50% of newly issued patents.
  4. Construing Claims as of their Effective Filing Date
  5. In re Aqua: Ambiguity in the Statute Means Deference to the PTO
  6. Remarks by Director Michelle K. Lee at the 2016 AIPLA Luncheon
  7. Although Functionally Claimed, Court Imports Structural Limitations from Specification
  8. November Patent Quality Forum Series
  9. In re Aqua: Amending Claims Post Grant in an IPR
  10. Maria Pallante Out as Chief of Copyright Office: New Calls for Unified US Intellectual Property Office
  11. Medtronic: On Rehearing the Court Restates that IPR Termination Decision is Not Appealable
  12. TC Heartland Law Professor Amicus Brief
  13. One Last Try: Is the Inter Partes Review system Unconstitutional?
  14. Dissenting on Obviousness
  15. Bad Patents and the False Claims Act
  16. Patentlyo Bits and Bytes by Anthony McCain
  17. Utility Patents
  18. USPTO Seeks Further Public Input on Patent Subject Matter Eligibility
  19. Supreme Court Update: Extending the ITC’s Reach Beyond US Borders
  20. Samsung v. Apple: A view from inside the courtroom
  21. Does the Patent Statute Cabin-in the Abstract Idea Exception? (Yes)
  22. It is Improper to Consider Extra-Record Claim Construction Evidence On Appeal
  23. 2016 Corporate IP Institute
  24. Patentlyo Bits and Bytes by Anthony McCain
  25. FTC Study on Patent Assertion Entity Activity
  26. Guest Post: Recalibrating Patent Venue
  27. Fees Rising: USPTO Proposes New Fees in Search of New Revenue
  28. Infringement Complaint Must Provide Factual Allegations at the Claim-Element-by-Claim-Element Level
  29. Not Eligible: Supreme Court Denies All Pending Subject Matter Eligibility Petitions
  30. First Amendment Finally Reaches Patent Law
  31. Sleeping During CLE

September 2016

  1. When Co-Counsel’s Violations are Your Own.
  2. Patentlyo Bits and Bytes by Anthony McCain
  3. Lee v. Tam: Supreme Court Takes on the Slants
  4. Texas Issues Several New Ethics Opinions
  5. Supreme Court Patent Cases – September 28 Update
  6. Unpacking Trade Secret Damages
  7. Ethicon v. Covidien: Delegation of Institution Decisions to the PTAB
  8. RMail: Is Eligibility a Proper Litigation Defense?
  9. Update: If Alice was always the law, why did you get so many “invalid” patents for your clients?
  10. Affinity II: Who Has the Burden for Alice Step II?
  11. Traditional equitable defenses do not apply to IPR proceedings
  12. Point of Novelty Returns to Indefiniteness Analysis
  13. Affinity Content Distribution Scheme – Abstract Idea
  14. Obviousness does not Require Prior Art to Fit Together Exactly
  15. Objective Reasonableness Still at Play in Willfulness Cases
  16. “Inherent Disclosure” in Priority Document is Sufficient to Satisfy Written Description Requirement
  17. Your List of Lists is not the Disclosed List
  18. Judgmental Immunity in Patent Malpractice Cases
  19. Supreme Court Patent Cases: Malpractice, Obviousness, and Venue
  20. Federal Circuit on PTAB Initiation Decisions: Still No Appeal …
  21. Patentlyo Bits and Bytes by Anthony McCain
  22. Pre-GATT Applications
  23. Lawyer who copied and filed substantial portion of draft brief of co-party on appeal held to have violated copyright laws
  24. Patent Venue at the Supreme Court: Correcting a 26 Year Old Legal Error
  25. Step-One: Don’t Assume an Abstract Idea
  26. Santa Clara – Duke Law Patent Quality Conference: Patent Quality – It’s Time
  27. Stryker v. Zimmer: Federal Circuit Remands Enhancement Determination for Enhancement Determination
  28. Demand Letter without Accusing a Particular Product Creates DJ Jurisdiction
  29. Patentlyo Bits and Bytes by Anthony McCain
  30. On USPTO Oversight
  31. Pending Supreme Court Eligibility Cases: Patenting Genetic Discovery
  32. Supreme Court Patent Cases: Previewing the October Term 2016
  33. Denial of PTAB Amendment: Arbitrary and Capricious

August 2016

  1. Report: Examiner Billing Fraud at the USPTO
  2. IG Report: Examiner Time and Attendance Abuses
  3. Leveraging Electronic Resources To Retrieve Information From Applicant’s Other Applications and Streamline Patent Issuance
  4. Claiming: Special Care with Terms of Degree
  5. On Reddit, folks are wondering if Patent Examiners Wish they Thought of That
  6. Bits and Bytes from the PPAC Meeting
  7. Plagiarism Actions
  8. Defining OtterBox for Tariffs
  9. Texas Appellate Court Lets Trial Court Ruling of no Patent-Agent-Client Privilege Stand
  10. DuPont v. MacDermid Printing: The importance of a Patentee’s Pre-Filing Statements
  11. USPTO Launches Cancer Moonshot Challenge
  12. Summary Judgment on Anticipation
  13. Publication of the Patent Case Management Judicial Guide (3rd edition)
  14. Expanding the Scope of Ex Parte Reexaminations MidStream
  15. How not to Bring a Rule 11 Motion in a Frivolous Patent Suit
  16. Obviousness of the New Mixture
  17. A Specification’s Focus on Particular Embodiment Not Limiting if Other Embodiments are also Expressly Contemplated
  18. En Banc Query: Must the PTO Allow Amendments in IPR Proceedings?
  19. GEA Process: Appealing IPR Termination Decision
  20. Apple v. Samsung: Justifying Profit Disgorgement
  21. Patent Law Jobs
  22. The Limited Role of Common Sense in the Obviousness Analysis
  23. Some thoughts on Broadest Reasonable Interpretation
  24. Enhancing Damages in Halo v. Pulse
  25. Indefiniteness: Terms Cannot be Moving Targets
  26. Federal Circuit: District Courts Must Exercise their Discretion and in Deciding Whether to Enhance Infringement Damages
  27. “Consisting Of” Limits Markush Group to Only Those Elements Listed
  28. Dear USPTO: Nine-Month Delay is not Prompt Publication as Requied by Statute
  29. Letter to Congress from 28 Law Professors & Economists Urging Caution on the VENUE Act
  30. 35 U.S. Code § 316 – Conduct of inter partes review
  31. Common Sense Distinctions in Section 101 Analysis
  32. Federal Circuit: Still No Clarity on Definiteness Standard

July 2016

  1. License Arbitration Clause Ineffective Because it Excluded Issues of Patent Scope
  2. The Likely Indefiniteness of Coined Terms
  3. Inter Partes Review Statistics
  4. Unwired Planet v. Apple: Fault and Patent Infringement
  5. GAO: Patent Office Must Define and Improve Patent Quality
  6. Guest post: 2016 U.S. Patent Practitioner Trends Part 2 – Removal and Retirement of Patent Practitioners
  7. BASCOM v. AT&T: Section 101 Jurisprudence Continues to Develop
  8. Supreme Court Challenge to ITC’s Broad Authority
  9. AIA Patents: Trickle becomes a Stream
  10. Patent Filings Rising Slowly
  11. Venue Challenges Part 2
  12. Sales Activity: MedCo, Helsinn, and the AIA
  13. Octane: Malpractice Claims by Clients Forced to Pay the Other Side’s Fees?
  14. Law Professors Call for Patent Venue Reform
  15. Insurance IP Exclusion without IP Claim
  16. Choice of Law Compared to Subject Matter Jurisdiction
  17. Federal Circuit Pre-AIA “On Sale” Bar to UCC Level Offers
  18. Patenting From China
  19. Method of Selecting Desired Trait from Cell Plate is Patent Eligible
  20. Obviousness for Pharma/BIO

June 2016

  1. Guest Post: U.S. Patent Practitioner Trends of 2016 – Part I
  2. Prof. Radin’s Patent Notice and the Trouble with Plain Meaning
  3. Quick Hit: Massachusetts Case Litigating Spouse’s Interest in Invention.
  4. Supreme Court Patent Report: End of 2015 Term
  5. Supreme Court denies Sequenom Petition: Alice and Mayo Remain
  6. Supreme Court to Decide Patent Export Case: Life Tech v. Promega
  7. Halo, Civil Procedure, and Defending On-going Infringement Suits
  8. Sexism in Patent Practice
  9. End of the Road for Ethicon’s Anti-Delegation Argument?
  10. Supreme Court Calls for Views of the Solicitor General
  11. NY Ethics Opinion: New York Lawyers May Partner With Japanese Benrishi (“Patent Agents”)
  12. Federal Circuit Saves Patentees by ruling that “Before” includes “Just Afterwards”
  13. Supreme Court Affirms Cuozzo – Siding with Patent Office on BRI and No-Appeal
  14. Almost Cut My Hair
  15. DTSA: Temporary Restraining Order for Former Employer
  16. Certificates of Correction
  17. Supreme Court Clarifies Copyright Attorney Fees: Reasonable Defense Not a Presumptive Excuse
  18. Will the Walls Come Tumbling Down: Jericho v. Axiomatics at the Supreme Court
  19. Supreme Court Sides with Patentees–Providing Flexibility for Proving Enhanced Damages
  20. USPTO’s Six New Patent Quality Studies
  21. Claim Limits and Differences
  22. Digital Trademark and Design Patent Infringement
  23. Patentlyo Bits and Bytes by Anthony McCain
  24. Inducing Infringement: Procedural Limits on the Reasonable Non-Infringement Belief
  25. Supreme Court Patent Update: 271(e) Safe Harbor
  26. Data on Federal Circuit Appeals and Decisions
  27. Design Patent Damages at the Supreme Court
  28. Reasonable Royalty for Industry Standard Patents
  29. MCM v. HP Briefs

May 2016

  1. Supreme Court denies Certiorari in Obviousness Case
  2. Patentlyo Bits and Bytes by Anthony McCain
  3. Wegner’s Top Ten Pending Patent Cases
  4. In re Aqua Products
  5. Judge Hughes and the New § 101 Dichotomy
  6. DTSA Litigation Updates
  7. Apple v Samsung: Mooting the Injunction
  8. New Guidance to Examiners: Follow Enfish and TLI.
  9. DTSA Litigation Begins
  10. Pending Supreme Court Patent Cases 2016 (May 18 Update)
  11. Patentlyo Bits and Bytes by Anthony McCain
  12. Book Review: Patents After the AIA
  13. Query: Fictional Patent Lawyers (and their Trolls)
  14. Extra-Territorial Application of the Defend Trade Secrets Act
  15. A Comparison of the EU Trade Secrets Directive and the US Defend Trade Secrets Act
  16. By The Numbers: Is the PTO Underreporting the Rate They Institute IPRs and CBMs?
  17. Hotel Security Checking Co v Lorraine Co, 160 F 467 (2d Cir 1908).
  18. Guest Post: 35 USC 289—Grant of Certiorari in Samsung v Apple = The Opportunity for a Better-Crafted Standard for Awarding Total profits
  19. [Update] Defend Trade Secrets Act of 2016: Markup and Commentary
  20. Federal Circuit: Software and Data Structures Are Not Inherently Abstract
  21. Open Access and its Role in the Development of Science and Technology
  22. Precedent and Process in the Patent Trial and Appeal Board
  23. Immediate action for Human Resource Departments on the Defend Trade Secrets Act
  24. White House on Non-Competes and Trade Secrets
  25. Automatic Assignment of Future Inventions: A Serious Error of Federal Law that Requires Supreme Court Review
  26. Charting Inventorship: Teams Get the Prize
  27. USPTO: May 2016 Subject Matter Eligibility Updates
  28. What the Defend Trade Secrets Act Means for Trade Secret Defendants
  29. Right Sized Patents
  30. The Recent Federal Circuit Decision in Acorda Therapeutics v. Mylan Pharmaceuticals May Not be the Last Word on Personal Jurisdiction in ANDA Cases
  31. Guest Post: The AIA, Inter Partes Review, and Takings Law
  32. Rights of Trade Secret Owners in Federal Cases
  33. Pending Supreme Court Patent Cases 2016 (May 3 Update)
  34. Supreme Court to Review (and likely Reject) Laches as a Defense in Patent Infringement Cases

April 2016

  1. Patentlyo Bits and Bytes by Anthony McCain
  2. Federal Circuit Continues Broad Venue Allowance in Patent Cases
  3. Patent Quality Symposium Report – USPTO Patent Quality Initiative Moving Forward
  4. DTSA as a Shoe Horn for Contract and Employment Law Claims
  5. Implementing and Interpreting the Defend Trade Secrets Act
  6. Federal Circuit Rejects Reduced-Deference for AIA-Trial Decisions
  7. Investing in Patents
  8. Cuozzo and Kirtsaeng
  9. Design Patent Claim Construction: More from the Federal Circuit
  10. Federal Cause of Action for Trade Secret Misappropriation
  11. The Gatekeeping Function of Patent Eligibility as Part of a More Complete Understanding of § 101 Principles
  12. Patentlyo Bits and Bytes by Anthony McCain
  13. Patent Protection for Scientific Discoveries: Sequenom, Mayo, and the Meaning of § 101
  14. Boone County
  15. Section 101 – Pivotal Moment for Clarity on Patent Subject Matter Eligibility
  16. Patent Applications and Grants Holding Steady for FY 2016
  17. Design Patentees
  18. New Old Patents
  19. DTSA Moving Forward
  20. Nationalizing Trade Secret Law
  21. Pending Supreme Court Patent Cases 2016 (April 18 Update)
  22. Epic Trade Secret Case Billion Dollar Verdict
  23. Patent Grants 2016 Update
  24. Reissues
  25. Judge Dyk’s Concurrence in the Denial of Rehearing En Banc in Sequenom
  26. Battles between the PTO and Courts
  27. The Heavy Burden: Overcoming the Presumption Against Improper Inventorship
  28. Adding Fuel to the Bonfire of Patents
  29. Patentlyo Bits and Bytes by Anthony McCain
  30. New Trial for False Expert Testimony
  31. Cardpool: Amending Claims in Reexam after Court Judgment of Invalidity
  32. An Early Review of the Impact of Form 18’s Elimination on Pleading Direct Infringement
  33. Defend Trade Secret Act Moving Forward
  34. Again with the Redundancy: Although MPHJ’s claim might be obvious, HP can’t pursue that argument
  35. Pharma Looks to Limit Activis-Style Antitrust Liability to Only Reverse Payments
  36. Event: Intellectual Property in the Supreme Court
  37. Chao & Mapes: An Early Look at Mayo’s Impact on Personalized Medicine Patenting
  38. Revision to IPR Duty of Candor: Broadening Duty?
  39. Pending Supreme Court Patent Cases 2016 (April 1 Update)

March 2016

  1. Federal Circuit Confirms: USITC has no Jurisdiction over Purely Electronic Products
  2. Baker Botts Dodges $42 million Verdict in Patent Conflict Case
  3. Cravath’s Been Hacked: Are IP Firms a Major Target?
  4. Cuozzo v. Lee: The Problem of Standing
  5. PTO Brief – Looking for Supreme Support for its AIA Trial Regime
  6. Federal Circuit: No Opinion Serves as the Basis for Our Opinion
  7. AIA Challenges Pile On, but the Federal Circuit Deflects
  8. Mag Aerospace v. B/E Aerospace: Assignor Estoppel
  9. Federal Circuit: Our Muscles Are Not Working :{}
  10. Lexmark: Can Patent Rights Overwhelm Traditional Notions of Title?
  11. Sequenom: A great discovery should be worth something!
  12. Patentlyo Bits and Bytes by Anthony McCain
  13. 20 Second Design Patent Damages Survey
  14. Supreme Court Grants Cert on Design Patent Damages
  15. Shining a Light on Obviousness
  16. The Breadth of the Duty of Candor in IPR
  17. Venue and Personal Jurisdiction Updates
  18. ANDA filing creates Nationwide Personal Jurisdiction
  19. Pending Supreme Court Patent Cases 2016 (March 17 Update)
  20. En Banc: Does a Confidential Manufacturing Supply Contract Trigger the On Sale Bar?
  21. Delayed Justice: Can the USPTO Stall Implementation of Federal Circuit Decisions?
  22. Battle over Secret Sales and Secret Commercialization under the AIA
  23. Federal Circuit: Canada Not Best Forum for Enforcing US Intellectual Property Rights
  24. Guest Post: What Would Happen to Patent Cases if They Couldn’t all be Filed in Texas?
  25. Patentlyo Bits and Bytes by Anthony McCain
  26. Iqbal, Twombly, the Demise of Form 18, and Rule 12 Hell
  27. Federal Circuit: No New Card Game Patents Unless you Also Invent a New Deck
  28. Unified (European) Patent Court: 9-Months Away
  29. James Daily: An Empirical Analysis of Some Proponents and Opponents of Patent Reform
  30. Court: Metallizing Engineering Overruled by Statute
  31. Federal Circuit Recognizes Patent Agent Privilege
  32. After Multiple Failures: Apple Finds its Way Around the One Year Statute of Limitations for IPR Filings
  33. Federal Circuit Recognizes Patent-Agent Privilege
  34. First Action Pendency
  35. Remembering FDR’s Forgotten Promise is One Thing; Keeping it is Another
  36. Patentlyo Bits and Bytes by Anthony McCain
  37. Pending Supreme Court Patent Cases 2016 (March 4 Update)
  38. US Patent Applicants Heading to the EPO
  39. Federal Circuit Now Receiving More Appeals Arising from the PTO than the District Courts
  40. Using Trademarks to Avoid Country-of-Origin Issues
  41. Eon Corp. v. Silver Spring: Improperly Delegating Claim Construction to a Jury
  42. Inter Partes Review: Comingling Adjudicative and Executive Roles within an Agency

February 2016

  1. Federal Circuit: Apple’s Slide-to-Unlock Patent is Invalid
  2. Patentlyo Bits and Bytes by Anthony McCain
  3. Patent Grants 2016
  4. Litigation Screen Fails to Avoid Inequitable Conduct (But Almost Succeeded)
  5. Trolls vs Pirates: Halo/Stryker Oral Arguments
  6. Federal Circuit Again Revives Zoltek Case: Who Invented Stealth Technology
  7. Bits and Bytes
  8. Patentlyo Bits and Bytes by Anthony McCain
  9. Retroactive License to Parts Exhausts Patent Rights as to Whole
  10. Pending Supreme Court Patent Cases 2016 (February 17 Update)
  11. Lexmark and Disposability: Gumming Up the Market for Refills and Repairs.
  12. USPTO Stadium Tours (PTAB/TTAB Hearings)
  13. Lexmark: Presumptions in the Right to Import, Reuse, and Resale
  14. En banc Federal Circuit affirms Mallinkrodt, notwithstanding Quanta
  15. Patentlyo Bits and Bytes by Anthony McCain
  16. Strategic Decision Making in Dual PTAB and District Court Proceedings
  17. 3M Liable for $26 Million for Fraudulent Patent Enforcement
  18. Dear Supreme Court: Does Joint Enterprise Liability Theory Apply to Direct Patent Infringement
  19. Pre-Issuance Damages under Section 154(d)
  20. Ethicon: What Powers Can the Director Delegate to the Patent Trial & Appeal Board?
  21. Patentlyo Bits and Bytes by Anthony McCain
  22. When a Consultant Starts Work Before He Signs the Agreement
  23. Strictly Construing Amended Claims Against the Patentee
  24. Six Hundred Million Dollars
  25. Claim Construction Leads to Nonsensical Result and thus Indefiniteness Holding
  26. Pending Supreme Court Patent Cases 2016 (February 3 Update)
  27. @Mizzou: Administrative Patent & Trademark Hearings & Symposium
  28. NewEgg Denied its Fees Again
  29. On Appeal, Abuse-Deterrent OxyContin Patents are Invalid
  30. WHAT YOU NEED TO KNOW ABOUT THE AMENDED DEFEND TRADE SECRETS ACT

January 2016

  1. REPORT AND ANALYSIS OF RECENT AMENDMENTS TO S. 1890 (The Defend Trade Secrets Act 2016)
  2. Patentlyo Bits and Bytes by Anthony McCain
  3. Section 285 Does Not Support Deterrence Based Fee Enhancement; Next Stop Rule 11 Sanctions
  4. Prevailing Defendant’s Exceptional Case Restitution Limited to “Reasonable Attorney Fees”
  5. Federal Circuit: Board Must Explain its Decisions
  6. Patent Term Adjustment: Erroneous and later Withdrawn Restriction Requirement Still Counts as a Section 132 Notice
  7. Inter Partes Review: An Unconstitutional Delegation of Judical Power
  8. Technical Difficulties on Patently-O Today
  9. Anonymous Loan Shopping — An Unpatentable Abstract Idea
  10. Pending Supreme Court Patent Cases 2016 (January 20 Update)
  11. Supreme Court Orders FedCir to reconsider Medtronic Lawsuit
  12. Samsung v. Apple: Functional Design Patents and Profit Disgorgement
  13. Guest Post: Why we Need a Seizure Remedy in the Defend Trade Secrets Act
  14. The Maling Decision from Massachusetts on Subject Matter Conflicts
  15. Apologies for the Absence
  16. Supreme Court grants Certiorari in Challenge of Inter Partes Review Proceedings
  17. Lighting Ballast at the Supreme Court: The Role of Extrinsic Evidence in Claim Construction
  18. TC Heartland: Next Step in Limiting Patent Venue and Jurisdiction
  19. IPR Challenge Moves Forward with One Step Back
  20. Patent Grants 2015
  21. Due Process and Separating Powers Within an Agency
  22. Pending Supreme Court Patent Cases 2016 (January 12 Update)
  23. Patentlyo Bits and Bytes by Anthony McCain
  24. Year in Review – from Patent Docs
  25. Wi-Lan v. Apple: “Clarification” or “reconstruction”?
  26. Razing the Patent Bar
  27. Patent Venue: Limits on Venue in Patent Infringement Litigation
  28. Chief Administrative Patent Judge
  29. Apple, Samsung & Design Patent Claim Construction
  30. Pending Supreme Court Patent Cases for 2016

2015 478

December 2015

  1. Inter Partes Reviews are Won/Lost on the First Filing
  2. Federal Circuit: Testing Vehicle Operators for Impairment is an Unpatentable Abstract Idea
  3. Help us Here in Missouri!
  4. Patentlyo Bits and Bytes by Anthony McCain
  5. Commil v. Cisco: Despite Supreme Court Win, Patentee Still Loses
  6. University of Iowa Hiring an In-House IP Attorney
  7. Merry Christmas from the USPTO (and from us at Patently-O)
  8. Shukh Signals Petition for Certiorari in Futures-Assignment Case
  9. Free Speech: Prohibition on Registering Disparaging Marks is Unconstitutional, Federal Circuit Rules
  10. Assigning Future Interests: Federal Circuit Denies Review of FilmTec
  11. Amicus Briefs on Enhanced Damages
  12. Two-Step Printed Matter Doctrine: (1) Is it Printed Matter?; (2) Do we give it patentable weight?
  13. Proposed Changes to Federal Circuit Rules
  14. Federal Circuit denies en banc request
  15. Three Charts from the USPTO 2015 Annual Report
  16. 35 U.S.C. 289
  17. Samsung Electronics Co. v. Apple Inc., No 15-___ (design patent scope and damages calculation)(New Petition)
  18. Patentlyo Bits and Bytes by Anthony McCain
  19. Pending Supreme Court Patent Cases (Update)
  20. Expanding the Framework for Enhanced Patent Damages
  21. Short Fiction for IP Attorneys
  22. IPR: Proving Patentability before Amendment
  23. PTAB Allows Filing of Motion for Sanctions for Alleged Protective Order Violation
  24. The First Patent Litigation Explosion
  25. Guest Post by Prof. Contreras – CSIRO v. Cisco: The Convergence of RAND and non-RAND Royalties for Standards-Essential Patents
  26. Pending Supreme Court Patent Cases
  27. S.D. Florida shifts fees from date of claim construction onward
  28. Trade Secret Law
  29. Petition of the Day: Does the Statute Allow Section 101 Challenges in CBM/PGR proceedings?
  30. Judge Real Enters Default Against Infringement Defendant for Discovery and Other Abuses
  31. Petition of the Day: Medtronic v. NuVasive
  32. Federal Circuit Asked on Mandamus to Recognize Patent Agent Privilege
  33. Federal Circuit Reluctantly Affirms Ariosa v. Sequenom and Denies En Banc Rehearing
  34. Goldman on Ex Parte Seizures in Trade Secret law
  35. Federal Circuit: The IPR System is Constitutional
  36. New Rules of Civil Procedure 2015
  37. Guest Post: Seeing Trade Secret Law Through the Lens of Information Diffusion
  38. Blog Updates: ABA Blawg 100
  39. AIA Patent Updates

November 2015

  1. Nautilus Submerges Again — Upcoming Supreme Court Cases
  2. Nautilus Surfaces Again at the Supreme Court
  3. Welcome Back from Thanksgiving Break – Don’t Do This
  4. Follow-Up: Professor Chien’s More Nuanced Arguments
  5. THE MYTH OF THE TRADE SECRET TROLL
  6. Notes from the PPAC Meetings
  7. Ignoring Patent Demand Letters
  8. First AIA Lawsuits
  9. AIA Patents: 20% of Newly Issued Patents
  10. Apple v. Samsung – Appeal Number XXXIII
  11. Cuozzo Amicus Briefs from IPO, AIPLA, BIO, et al., all arguing against Broadest Reasonable Interpretation of Claims During IPR proceedings
  12. Claim Construction Moot Court: Mizzou’s Fifth Annual Patent Law Moot Court Competition
  13. Federal Circuit to Wait on Carnegie Mellon Willfulness Case until the Supreme Court Decides Halo and Stryker
  14. Patentlyo Bits and Bytes by Anthony McCain
  15. Federal Circuit Finally Sends Akamai Back to District Court with Orders to Finish It
  16. En Banc: Should there be a Supplier Exception to the On Sale Bar?
  17. Personalized Medicine May be Patentable, but Not for Prometheus
  18. Correcting your Patent Based upon Later Advances in Science
  19. The Divide between a Covenant and a License
  20. No Deference for Misquoting your Sources
  21. Federal Circuit Bites Back against USITC Expansion into Electronic Importation
  22. A monkey, an animal-rights organization and a primatologist walk into federal court . . .
  23. Certificates of Correction
  24. Support for Mandamus Action to Limit Patent Forum Shopping
  25. Director Michelle Lee: Moving toward Patent Clarity
  26. IPR Appeal: Federal Circuit Tells PTAB to Reject More Claims
  27. New Federal Rules of Civil Procedure
  28. McCarthy on the Federal Circuit as a trademark court
  29. Federal Circuit: Denies En Banc Rehearing on Lost Profit Sales for Component Export
  30. Trademark Cases
  31. PTO Rules: File Sharing and Correcting Foreign Priority Claims
  32. Federal Circuit: Attorney Reputational Harm Does Not Raise Case-or-Controversy Following Settlement.
  33. Patentlyo Bits and Bytes by Anthony McCain
  34. Filing a Civil Action and Paying Fees

October 2015

  1. Federal Circuit Looks for Briefing on Automatic Assignment En Banc Challenge
  2. Treatise on the Law of Patents Section 170
  3. Does the Law Permit a Seller to Assign Title Before Acquiring Title?
  4. Impact of an Inter Partes Review Petition Denial on Willfulness
  5. Guest Post: Restoring “Causal Nexus”
  6. Choosing a District for Patent Infringement Filing and Giving Meaning to Section 1400(b)
  7. Where does a Defendant “Reside” for Jurisdictional Purposes in Patent Infringement Cases?
  8. When is a Covenant-Not-to-Sue a Patent License?
  9. AIPLA Patent Year-in-Review
  10. Three Recent PTAB Decisions on Patent Eligibility
  11. Stay Pending Petition Consideration.
  12. Federal Circuit on Fee Award and Partial Stipulated Agreements
  13. New Discovery Rules: Act Now?
  14. Georgia Annual Corporate IP Institute October 27-28 in Atlanta
  15. Patentlyo Bits and Bytes by Anthony McCain
  16. Supreme Court to hear cases on Federal Circuit’s Rigid Limits on Treble Damages
  17. Federal Circuit: Prior Art Enabled by Applicant Admissions in his Patent Application
  18. Guest Post: A Small Practice Note on Patent Family Licensing with a Billion Dollar Effect?
  19. Federal Circuit Denies En Banc Request in BPCIA case
  20. Michelle K. Lee Bobblehead
  21. US Patent Application Filings for FY 2015
  22. Life Tech v. Promega: Inducing with Yourself
  23. Steed: Proving Conception
  24. Federal Circuit Operating Procedure: Affirm PTO Decisions Without Opinion
  25. IPO Executive Director: Mark Lauroesch
  26. Federal Circuit Summarily Affirms Apple v. Samsung judgment without Merits Briefing
  27. Pending Cases at the Supreme Court
  28. Trans Pacific Partnership IP Chapter
  29. The Concentrated Market of Patent Jurisdictions
  30. Trans Pacific Partnership
  31. Patentlyo Bits and Bytes by Anthony McCain
  32. Cuozzo Takes IPR Challenge to the Supreme Court
  33. Guest Post: The Blurring Of §§ 101 and 103—A Double-Edged Sword that Cuts the Other Way
  34. Australia Rejects Isolated-DNA Patents
  35. No Motivation to Make a Worse Product – Therefore Patentable?
  36. Patent Market Tracker
  37. Patent Trolls and Great Inventors
  38. Shukh v. Seagate: Fired Inventors and their Former Employers
  39. California Bar Reportedly Drops Reines Inquiry
  40. Non-Transitory Patent Claims

September 2015

  1. No Appeal for Errors in Instituting IPR
  2. Will the Federal Circuit Recognize the U.S.–Foreign Tradeoff in Friday’s Lexmark Argument?
  3. Professionalism in Communications with the USPTO
  4. Patent Grants Per Fiscal Year (USPTO)
  5. Design Patent Damages
  6. Method Patent Claims
  7. Federal Circuit Sends Bad-Faith-Patent-Assertion Case back to State Court
  8. Fractures, Fault Lines, and the MPEP
  9. Guest Post: To File a CON? Empirical Popularity and Prosecution Outcomes
  10. The Lost ‘Art’ of the Patent System
  11. 35 U.S. Code § 314 – Institution of inter partes review
  12. Iowa Intellectual Property Law Association Annual Conference at the Iowa College of Law
  13. Shire Wins Vyvanse Case, but Supplier Escapes Liability
  14. High Priced Generic Drugs
  15. Said Element
  16. Patent Landscape Report
  17. Patentlyo Bits and Bytes by Anthony McCain
  18. Federal Circuit: Damages Expert Credibility is a Question for the Jury
  19. Can the U.S. Government Infringe a U.S. Patent? (The U.S. Government Says it’s Impossible)
  20. USPTO News
  21. Court Maintains Laches Defense for Back Damages in Patent Cases
  22. Intervening Rights 2015
  23. Federal Circuit Pushes Court to Stop Samsung’s Infringing Sales
  24. Lemley & McKenna on IP Scope
  25. Recent Developments in Patent Law – 2015
  26. Question on Quarterly Patent Filings
  27. In Suprema v. ITC remand, Panel Expands on Inducement
  28. Patentlyo Bits and Bytes by Anthony McCain
  29. Property Law: Who owns the Graffiti?
  30. Economic Index
  31. Implementing the AIA: First to File Patents
  32. Guest Post: Why the (Previously) Improving Economy Likely (Also) Reduced Patent Litigation Rates
  33. New Forum
  34. In Scotland a Juror who Misuses Technology Can Face Two Years in Prison!
  35. Media Rights Technologies v. Capital One: Williamson v. Citrix applied
  36. Bits and Bytes on IP Law
  37. Obviousness: Despite KSR, Still Tough to Win in Court
  38. Federal Circuit Backtracks (A bit) on Prior Art Status of Provisional Applications and Gives us a Disturbing Result
  39. Hughes on Obviousness: The Problem Motivates the Solution
  40. Illinois: In-house counsel who limit practice to that before the USPTO do not need to register
  41. Is it Appropriate Prosecute Patents for Direct Competitors on Inventions on Similar Technology without Disclosure and Waivers?
  42. Dickstein Shapiro Dodges Malpractice Suit by Showing Long-Ago Issued Claims Were to Ineligible Subject Matter
  43. Patentlyo Bits and Bytes by Anthony McCain
  44. Dow v. Nova: “Nautilus changed the law of indefiniteness”

August 2015

  1. Sequenom’s Patent
  2. Drawing Severable Lines in Claim Construction
  3. Guest Post by Profs. Lefstin & Menell on Sequenom v. Ariosa
  4. In Brief: Amici Provide Reasons to Reconsider Ariosa v. Sequenom
  5. Citing References – An Alternative Look
  6. Law Firms File Amicus Brief with Massachusetts High Court on Conflicts in Patent Prosecution
  7. Patentlyo Bits and Bytes by Anthony McCain
  8. PTO Proposed Pilot Program on IPR Initiation
  9. A few notes on USPTO Progress
  10. Cancellation of Progressive’s Business Method Patents Confirmed on Appeal
  11. Naming the Rule: Anticipating the Patent
  12. Federal Circuit: We don’t Decide Claim Construction in the Abstract
  13. Working through Old Patent Applications
  14. Federal Circuit Gives PTO “OK” to Treat Hyatt as a Special Case
  15. It’s News to Anthony McCain
  16. Rarity: Federal Circuit Reverses Jury Verdict of Non-Obviousness
  17. Kyle Bass’s Response to Motions about Abuse of IPR in IPR2015-01092
  18. Another Parallel Litigation Disqualification Case
  19. New Rules on PTAB Trials
  20. Guest Post on Conflicting Claims: The Raw Statistics of PTAB Trials
  21. Patentlyo Bits and Bytes by Anthony McCain
  22. Micro Entities Rising Popularity
  23. Employment Agreement Breach: Failure to Assign Can’t be Fixed Because of Statute of Limitations
  24. Federal Circuit Stops Downstream Enforcement of Standard-Essential DVD Patents
  25. New Developments in ClearCorrect v. USITC
  26. Patent Grant Rate by Technology Area
  27. Guest Post by Gary Griswold on Design Patent Damages
  28. Tight Rules on Pre-Discovery Infringement Contentions offer Forecast for Patent Reform Provisions
  29. Akamai v. Limelight: Federal Circuit Expands the Contours of Direct Infringement
  30. Peter Menell’s Patent Litigation Guide
  31. Guest Post by Prof. Burstein: Ethicon v. Covidien — Some key design patent issues
  32. Patentlyo Bits and Bytes by Anthony McCain
  33. En Banc Federal Circuit: USITC Has power to Stop Non-Infringing Imports if used to Induce Infringement in the US
  34. USPTO Allowance Rate
  35. Ethicon v. Covidien: Cut to the Marrow on Indefiniteness
  36. Republican Debate: Removing Roadblocks more Important than Incentives
  37. The Economist: Time to Fix Patents
  38. Patentlyo Bits and Bytes by Anthony McCain
  39. International Intellectual Property Law Updates
  40. Patentlyo Bits and Bytes by Anthony McCain
  41. Marvell v. Carnegie Mellon: $300 million is a lot, but not $1.5 billion
  42. Patent and Trade Secret Legislation Updates
  43. RAND Agreement Proving Powerful Limit on Patentee Action: Microsoft v. Motorola
  44. Commissioner of Patents: Drew Hirshfeld
  45. Patentlyo Bits and Bytes by Anthony McCain

July 2015

  1. Circuit Check v. QXQ, Inc.: Analogous Art Doctrine
  2. Patenting Diagnostic methods
  3. Read This: USPTO’s New Examination Guidelines Subject Matter Eligibility Provide “Pathways to Eligibility”
  4. Seeking the AntiCommons
  5. Patent Office Issues Updated “Interim Guidance” on Patent Subject Matter Eligibility
  6. More on post-eBay injunctions
  7. Guest Post: Digital Information at the Border
  8. Public Confidential Information: California Weighs In, Asks for Comments
  9. Patents for Startups
  10. Patentlyo Bits and Bytes by Anthony McCain
  11. Sensor Based Motion Tracking System Ineligible under Section 101
  12. Using U.S. Discovery in Foreign Proceedings
  13. Amgen v. Sandoz
  14. Maintenance Fees 2015
  15. Biologics Price Competition and Innovation Act: Refusal to Dance
  16. Patentlyo Bits and Bytes by Anthony McCain
  17. Fighting for Peace and Love
  18. Patents Fuel the American Dream
  19. Judge Stoll
  20. Ex Parte Reexam Filings
  21. Prosecution Pendency Thoughts
  22. The Impact of eBay on Injunctive Relief in Patent Cases.
  23. CPC and Google Search
  24. Appellate Jurisdiction: Its No Longer a Patent Case (and thus no Fed. Cir. Jurisdiction) when the Patent Claim is Voluntarily Dismissed
  25. Patent Reform Slows Down in Congress
  26. Patentlyo Bits and Bytes by Anthony McCain
  27. USPTO News
  28. Versata II: District Court has No Jurisdiction to Hear Challenge to CBM Review Institution Decision
  29. Federal Circuit Limits Review of Attorney Fee Issues
  30. My Rant on Versata: Non-existent Statutory Analysis Continues
  31. Patentlyo Bits and Bytes by Anthony McCain
  32. Versata v. SAP: Federal Circuit Claims Broad Review of CBM Decisions
  33. Court Affirms Cancellation of Redskin Marks [Updated]
  34. Sharply Divided Federal Circuit Confirms that PTO Can Broadly Construe Claims During Inter Partes Reviews
  35. Judge Kara Stoll Confirmed by Senate
  36. Patentlyo Bits and Bytes by Anthony McCain
  37. Courts Adhering to Objective Frivolousness Despite Octane… and They Should
  38. Intellectual Ventures Software Patents Too Generic (i.e., Abstract)
  39. Constitutional Challenges to IPR Continue
  40. USPTO Can Demand Attorney Fee Awards, Even When it Loses the Case
  41. Privity: Prevailing Defendant Cannot Take Advantage of Indemnification Agreement to Attorney Fees when Offending Party Fails to Pay
  42. Patentlyo Bits and Bytes by Anthony McCain
  43. Guest Post: In Rush to Invalidate Patents at Pleadings Stage, Are Courts Coloring Outside the Lines?
  44. Kessler Doctrine Cuts-Short Customer Lawsuit

June 2015

  1. Supreme Court Slows its Patent Law Jurisprudence?
  2. Guest Post: Keys to Success of the Florida Patent Pro Bono Program
  3. Next Step: Substantive Harmonization of Patent Eligibility?
  4. Federal Circuit: Bad Lawyering != Sanctionable Litigation Misconduct
  5. Our Book Reviewed
  6. Court’s Holding that Malpractice Measured at Time of Representation Saves Firm from Later Change in Law
  7. Independent Patent Claims
  8. Patentlyo Bits and Bytes by Anthony McCain
  9. Judge Newman: Functional Claim at Point of Novelty => Abstract Idea
  10. Bring Back the Means: “Voltage Source Means” Not a Means-Plus-Function Term
  11. PTAB authorizes patentee to file motion for sanctions against Bass for abuse of IPR
  12. Supreme Court Declines to Overrule Brulotte
  13. Guest Post by Prof. Collins – Williamson v. Citrix Online: And Now Comes the Difficult Part
  14. ePlus: Injunctions, Contempt, Law of the Case, and the Final Judgment Rule
  15. CAFC Opinions Available on Pacer Hours before Court’s Website
  16. Teva v. Sandoz: On remand, Still No Deference and Claim is Indefinite
  17. Patent Pendency Redux
  18. Williamson v. Citrix: En Banc Opinion on § 112, para. 6
  19. Expedited Patent Appeals
  20. Expert’s Violation of Prosecution Bar Warrants His Disqualification
  21. Eligibility 101: Motion to Dismiss Ends Another Patent
  22. Electronic Commerce Patenting
  23. Median Patent Prosecution Pendency
  24. Guest Post by Prof. Lefstin: Ariosa v. Sequenom and the Path Ahead for Subject-Matter Eligibility
  25. Guest Post: Technical Detail in Senate PATENT Act Could Have Major Impact in Eastern District of Texas Patent Litigation
  26. VIS v. Samsung: Developing the Role of Extrinsic Evidence post-Teva
  27. Compact Patents
  28. Patentlyo Bits and Bytes by Anthony McCain
  29. Guest Post: America Invents Act Cost the US Economy over $1 Trillion
  30. Independent Inventors
  31. IPR Ethics?
  32. Patentlyo Bits and Bytes by Anthony McCain
  33. Patent Act of 2015 [Updated]
  34. Patent Reform 2015
  35. Federal Circuit: We do not Defer
  36. Patentlyo Bits and Bytes by Anthony McCain
  37. Ultramercial Shoots for the Moon

May 2015

  1. Copyright on Computer Programs: Solicitor General Argues that APIs are Unquestionably Copyright Eligible
  2. Today’s Events: Los Angeles IP Law Association Spring Seminar
  3. Persuading Examiner Through Examiner Performance Statistics?
  4. Patentlyo Bits and Bytes by Anthony McCain
  5. Commil v. Cisco: Belief-of-Invalidity not a Defense to Inducement
  6. USPTO Grants and Applications Both Down (Slightly) for FY2015
  7. Status of AIA Applications
  8. Federal Circuit: Software is not Patent Eligible unless Claimed as a Process or Physical Object
  9. AIA Applications Working Through the System
  10. Patent Quality.
  11. Copyrighting Your Patent?
  12. Fee Shifting as Patent Policy Lever: How to Ensure Sufficient Torque
  13. Patent Law Quiz:
  14. Apple v. Samsung: Design Patents Win
  15. Broadening and Narrowing Claims Post Issuance
  16. Data: Counting Fee Shifting Cases
  17. Federal Circuit: 271(a) Does Not Include Joint Tortfeasor Liability
  18. Emerging Trends Post-Octane Fitness
  19. Federal Circuit Finds Scope of Non-Amended Reissue Claims Improperly Broadened
  20. Statutory Interpretation and the Exhaustion Issues in Lexmark v. Impression Products
  21. Federal Circuit Chooses Quantity over Quality in Fight over Electro-Mechanical Stimulation Device Patent
  22. Publishing Design Patent Applications: Time to Act
  23. Eon v. AT&T and the role of “Pure Functional Claiming”
  24. Biosig v. Nautilus: Indefiniteness on Remand
  25. Are Specific Information-Processing Claims Abstract Ideas?
  26. USPTO First Action Timing

April 2015

  1. Louisiana Challenge’s AstraZeneca on Antitrust Claims for Asserting Invalid Drug Patents
  2. New Job Postings on Patently-O Jobs
  3. The PATENT Act of 2015
  4. S.A.W.S. Class Action Lawsuit
  5. Commissioner Focarino Set to Retire
  6. Pitfalls in Trademark Prosecution
  7. FDA Law: You’re Invited . . . To a Dance Party! Will You Dance the Amgen Waltz, or the Sandoz Shuffle?
  8. Blocking Torrents in the UK
  9. Google wants to Buy Your Patents
  10. Do Limits on Trademarks-that-Disparage Violate Freedom-of-Speech?
  11. Grace Period Restoration Act of 2015
  12. Patent Quality Plans and Submissions
  13. Moving Forward: Judge Stoll
  14. Our Expanded Regime of Submarine Prior Art
  15. Of Printer Cartridges and Patent Exhaustion: The En Banc Federal Circuit is Poised to Clarify Quanta
  16. In-house lawyer who took information from client disciplined by OED
  17. USPTO Patent Quality Call for Papers
  18. Ineos v. Berry: Anticipation by an Overlapping Range
  19. Speaking today at BIO’s Counsel Conference
  20. At Stanford: PTO and the Courts
  21. Some thoughts on Best Mode
  22. Inspector General: USPTO Needs to Strengthen Patent Quality Assurance Practices
  23. Lexmark v. Impression: The Facts of the Case
  24. Federal Circuit takes on En Banc Patent Exhaustion Case to Examine Impact of Kirtsaeng and Quanta
  25. Grace Period Restoration Act of 2015
  26. Federal Circuit: Litigation Misconduct Should Probably Result in Attorney Fee Award
  27. University of Missouri Patent Law Moot Court Competition sponsored by McKool Smith
  28. PTO vs the Courts
  29. Texas A&M University School of Law
  30. Leaving Something off the Final Pre-Trial Order?
  31. Guest Post by Prof. Ghosh – Kimble v. Marvel: Exorcising the Spirit of Justice Douglas
  32. Questioning the Federal Circuit’s Reduced Flow of Information
  33. Federal Circuit OK’s Award of 50% of Gross Margin
  34. Patent Number Nine Million.
  35. Guest Post: White House “Patent Troll” Report Challenged under the Federal Information Quality Act.
  36. Patent Law Moot Court: Disembodied Genetic Information as an Abstract Idea
  37. Federal Circuit Cases to Watch on Software Patentability – Planet Blue
  38. SCOTUS: Post-Expiration-Licensing
  39. Congratulations Herbert Wamsley
  40. Interlocutory Appeal on Stay Decisions for CBM/PGR
  41. Oral Arguments in Commil v. Cisco

March 2015

  1. Revision of PTAB Policies
  2. Teva, Nautilus, and Change without Change
  3. Get a Patent Law Job
  4. Million Dollar Mistake? The Cost of Limiting or Canceling IP Rights
  5. Deputy Director Russ Slifer
  6. Duty of Candor and Indefinite Claims
  7. Patent Quality Summit
  8. Supreme Court: TTAB Decisions Create Issue Preclusion for Later Litigation
  9. Willfulness: Federal Circuit Denies En Banc Review in Halo v. Pulse
  10. Reexamined Patent Still Obvious According to the Court
  11. Docket Error Loses AT&T’s $40 Million Appeal
  12. Deputy Director __________?
  13. Guest Post: The Layered Patent System
  14. The Invention as Different, Not Better
  15. Obviousness as a Question of Fact
  16. Measuring Innovation
  17. Live Stream Now
  18. Most Cited Supreme Court Patent Decisions (2005-2015)
  19. Professor-to-Professor: You Are Wrong about Patent Reform
  20. USPTO’s Six Proposals for Patent Quality
  21. Congratulations to Director Michelle Lee
  22. Low-Tech High-Tech
  23. Guest Post: Despite Alice Corp, McRO’s Software Patents Should be Seen as Eligible under Section 101
  24. Judge Stark Set to Reduce (and Potentially Eliminate) Intellectual Ventures’ $17m Verdict Award
  25. Patent Litigation Data – March 2015
  26. Guest Counterpoint: Patent Exhaustion and Helferich’s Assertion Problem
  27. Guest Counterpoint by Prof. Sichelman: The Innovation Act’s Fee-Shifting is Biased against Patent Holders and Will Likely Increase PAE Activity
  28. Paul Vapnek Passes Away
  29. Patently-O Bits and Bytes
  30. The Strong Patent Act of 2015 from Senator Coons
  31. Monroe Freedman Passes Away
  32. The Rewards From Effective Reform Could Be Great
  33. Apple-Samsung Lawsuit Raises Important Questions about Scope of Injunctions
  34. USPTO Cancels Sensitive Application Warning System (SAWS)
  35. Trademark: Registration Void if Completed Prior to Actually Rendering Services in Commerce
  36. USPTO Quality Summit
  37. Nothing happening at the OED.

February 2015

  1. Smartflash v. Apple: Is the Invention an Abstract Idea?
  2. 2015 U.S. Patent Practitioner Trends
  3. “Late” IDS Filing Limits Patent Term Adjustment (PTA)
  4. Hyatt’s Family Tree
  5. Status of USPTO’s Withdrawn Abstract Idea Patents
  6. Half-Billion Dollar Verdict Against Apple
  7. (Revised) Akin Gump Found to Have Breached Duty of Loyalty to Client: Important Lesson for Fee Agreements
  8. FTC’s Power to Investigate Settlements
  9. Supreme Court Denies Appeal on Constitutionality of First-to-File Patent System
  10. CAFC Reverses Award of 285 Fees: Biax Corp. v. Nvidia Corp.
  11. Getting SAWS Data from the USPTO
  12. A Patent on the Internet
  13. Foley Partner Responds to SCOTUS Show Cause Order: I had no choice and you’re overreacting
  14. Cisco Argues that the Inducement Mens Rea Should Focus on Knowledge of Wrongdoing Rather than Merely Infringement
  15. You are Invited to Mizzou!
  16. Construing Claims: Independent Claim Preamble is Limiting when Used in the Body of Dependent Claims
  17. The WSJ on NPEs
  18. Who is to Blame for High Litigation Costs: Plaintiffs for filing the lawsuits or Defendants for refusing to deal and instead fighting?
  19. The Federal Circuit’s New “Authorized Acquirer” Restriction on Patent Exhaustion
  20. Fenner v. Cellco: Judge Newman Speaks on Claim Construction
  21. Interesting Ex Parte Contact Case
  22. Law Update: Changes to Design Law coming May 13, 2015
  23. Patent Exhaustion: Licensing Handset Manufacturers Did not Exhaust Patent as to Downstream Content Providers
  24. Fee Shifting Provision in the Innovation Act
  25. You Own Devices Act (‘YODA’) of 2015
  26. Duty of Disclosure Inquiry
  27. Patently-O Bits and Bytes
  28. A Draft National Intellectual Property (IP) Policy for India
  29. Guess the date of this quote
  30. IEEE Amends its Patent (FRAND) Policy
  31. EO Wilson on the Next Bio-Innovations
  32. Admin Patent Law
  33. Guest Post: Transfer Prices Are an Evidentiary Gold Mine for Patent Defendants
  34. Guest Post: Why Administrative Law Matters to Patent Attorneys—In re Cuozzo Speed Technologies LLC
  35. Patent Conflicts between Employers and their Employees
  36. IPO on Patent Reform
  37. Katy Perry Wants to Bite the Head off Left Shark Vendor
  38. Federal Circuit Affirms 10% Royalty on “Pure Profit” Infringement by US Government
  39. Patent Reform: Innovation Act of 2015
  40. Patent Reform 2015
  41. Guest Post by Dr. Gaudry and Prof. Tu – Our Call to the PTO: Release SAWS Data
  42. Patentee Loses First IPR Appeal on all Grounds
  43. In re Papst Licensing: Federal Circuit Speaks on Claim Construction
  44. PTO seeks input on scope of privilege between applicants and U.S. Patent Agents or foreign patent agents
  45. Commil v. Cisco: Opening Briefs on Escaping Inducement Liability

January 2015

  1. Patent Law Jobs
  2. Binding Teams in Silicon Valley
  3. Octane as Creating Conflicts Between Lawyers and Clients and Undermining the Duty of Zeal
  4. Even under BRI, A Wired-Connection is not “Wireless”
  5. Opportunity for Latino Law Students Interested in Intellectual Property
  6. A Constitutional Challenge to Inter Partes Review
  7. 35 U.S.C. 101
  8. Obviousness: Cannot modify Prior Art a way that Disrupts the Reference’s Contribution to the Art
  9. Foreign Agent-Client Privilege?
  10. Interesting, Problematic Prosecution Bar Case
  11. Next Up: Lighting Ballast
  12. Delano Farms v. California Table Grape Commission (Fed. Cir. 2015)
  13. Dr. Sheppard Selected as Director of USPTO’s Detroit Office
  14. Director Lee: Next Step is to Focus on Patent Quality Initiatives
  15. Giving Deference to the Supreme Court in Teva v. Sandoz
  16. Using 35 USC 285 to Impose Fees on Patentee’s Counsel
  17. Teva v. Sandoz: Partial Deference in Claim Construction
  18. Teva v. Sandoz: Deferential Review on Factual Issues; de novo review of final question of construction
  19. Next Steps on the USPTO Sensitive Application Warning System
  20. Subject Matter Jurisdiction in Legal Malpractice Claims: The Door Gets Slammed Shut Again
  21. Good Faith but Mistaken Belief in Invalidity Combined with Good Faith but Mistaken Belief in Infringement…
  22. USPTO Too Broad in its Broadest Reasonable Interpretation
  23. Federal Circuit Gives Malpractice Case New Hope by Remanding to State Court
  24. Hearing for Director Michelle Lee Nomination
  25. Tidbits from SPEs at the Life Sciences Conference
  26. Willfulness Interplays Between Patent and Copyright
  27. At a Conference on Life Sciences
  28. Upcoming Conferences and Workshops
  29. Google Looks to Narrow both Copyrights and Patents through Supreme Court Action
  30. Bard v. W.L. Gore: Revisiting Willful Infringement (Again)
  31. Non Practicing Entities in Europe
  32. Using 285 Against Lawyers of the Loser
  33. Federal Circuit Grants Motion to Disqualify Jones Day on Appeal
  34. Promega v. Life Tech, pt. 2: Inducing Oneself
  35. Erich Spangenberg’s predictions for 2015 Patent Law
  36. Vringo v. ZTE: Troll Status is Irrelevant
  37. 2015 Updates to Eligibility Guidelines
  38. The Federal Circuit and Judicial Transparency
  39. Federal Circuit: A hole is not “water-permeable”
  40. Financing Patent Litigation: Insurance Troubles
  41. J.Pasky on the Need for Patent Reform
  42. Happy New Year
  43. Halo v. Pulse: Escaping Willfulness with Ex Post Reasoning
  44. Patent Cases Pending as of January 1, 2015
  45. Unreasonable Prejudicial Delay in Filing Patent Infringement Suits: Why the Federal Circuit Should Not Overrule Aukerman
  46. Massachusetts Seeks Amicus Briefs on Conflicts in Prosecution

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