2015–2016
870 posts
2016 392
December 2016
- Guest Post: TC Heartland and Statutory Interpretation
- Patentlyo Bits and Bytes by Anthony McCain
- Peace and Happy Holidays.
- Merry Christmas!
- The “Right” to Challenge a Patent
- AIPLA comes out in favor of USPTO rule for patent agent-client privilege
- Chicken?: Test your Patent Test Taking Skills 2017
- Patentlyo Bits and Bytes by Anthony McCain
- Lee v. Tam and A Basket of Deplorable People
- US Patent Litigation New Filings By Year
- Idenix v. Gilead: $2.5 Billion for Patent Infringement
- Default Judgment for Major Discovery Failures
- Goodbye E.D.Texas as a Major Patent Venue
- Returning to our Roots with Reasonable Royalties
- Yes, All Elements Rule Still Applies to Infringement
- Power Integrations v. Fairchild Semiconductor
- JobDiva: Service Mark for Software
- Dennis David Crouch
- Dennis David Crouch
- Coming in 2017: Reforms to Copyright Law and the Copyright Office
- Lemley-Oliver-Richardson: Patent Purchases and Litigation Outcomes
- Judging Ex Parte Cases
- What it takes to Prove a Motivation to Combine
- ABA Issues Opinion Addressing Disputes over Fee Division
- LifeTech v. Promega Oral Arguments: What is a ‘Substantial Portion’ of the Components
- Samsung v. Apple: Design Patent Damages May be Limited to Components
- Effective December 1: No more 3 additional days in federal court to respond for papers served by e-mail
- Top Patent Law Stories of 2016
- Guest Post: Can an Inventorship Be Challenged in a PGR Proceeding?
- The Federal Circuit and Appeals from the Patent Office
- Prof Mark Lemley’s New Article
- Patent Law vs Property Law in Impression Prods. v. Lexmark Int’l.
- Looking forward to:
- Updated terms of use
- Provisional Patent Application Filings
November 2016
- Microsoft v. Enfish: Turns Out the Claims Are Obvious
- Patentlyo Bits and Bytes by Anthony McCain
- European Unitary Patent Court One Step Closer with UK Signaling Assent
- Is it Obvious to Combine Five References?
- More Pressure on Texas Supreme Court to Enforce Ethical Rules Despite Arbitration Clauses
- Exhaustion and Conditional Sales
- Filing Patent Lawsuits
- Federal Circuit Orders PTO to limit business method review trials (CBM) to “financial products or services” since that is the law
- Happy Thanksgiving and Moving Forward in a Pluralistic America
- Prosecution Bars, Experts, and IPR
- Economic Nationalism and the U.S. Patent System
- Patent Claim Counts
- References Cited
- Patent Term Adjustment Statistics
- Arbitrating Attorney Fees: No Appeal?
- Sedona Conference Guidance on Parallel Litigation and PTAB Proceedings
- Patentlyo Bits and Bytes by Anthony McCain
- Director Lee: IP is a Necessary Key Piece of President-Elect Trump’s Promised Economic Growth and Job Creation
- USPTO Proposed to Revise Rule 56
- No Common Interest Privilege in NY Without Anticipated Litigation
- Ski at Snowmass: January 4-8, 2017 (and Talk Law)
- Supreme Court Patent Cases: Post Sale Exhaustion
- What Would Eliminating Chevron Deference mean for Patent Law
- Federal Circuit’s Internal Debate of Eligibility Continues
- Citing to Supreme Court’s Eligibility Cases
- President Trump and the Patent Office
- 9th Circuit en banc follows others and adopts Octane for Trademark Fee Shifting
- Results of the Clarity of the Record Pilot
- A BETR Journal: The Business, Entrepreneurship & Tax Law Review
- Partial-Institution Decisions Blessed by En Banc Federal Circuit
- Vote 2016
- Pendency of US Patent Applications
- What is the Steady-State Patent Allowance Rate?
- There’s No Such Thing as a Content Based Unconstitutional Condition
- USPTO Allowance Rate
- SCA Hygiene Laches Oral Arguments: How Do we Interpret Congressional Silence?
- Pending Patent Applications
October 2016
- Patentlyo Bits and Bytes by Anthony McCain
- Copyright on a Useful Item
- AIA Patents – Approaching 50% of newly issued patents.
- Construing Claims as of their Effective Filing Date
- In re Aqua: Ambiguity in the Statute Means Deference to the PTO
- Remarks by Director Michelle K. Lee at the 2016 AIPLA Luncheon
- Although Functionally Claimed, Court Imports Structural Limitations from Specification
- November Patent Quality Forum Series
- In re Aqua: Amending Claims Post Grant in an IPR
- Maria Pallante Out as Chief of Copyright Office: New Calls for Unified US Intellectual Property Office
- Medtronic: On Rehearing the Court Restates that IPR Termination Decision is Not Appealable
- TC Heartland Law Professor Amicus Brief
- One Last Try: Is the Inter Partes Review system Unconstitutional?
- Dissenting on Obviousness
- Bad Patents and the False Claims Act
- Patentlyo Bits and Bytes by Anthony McCain
- Utility Patents
- USPTO Seeks Further Public Input on Patent Subject Matter Eligibility
- Supreme Court Update: Extending the ITC’s Reach Beyond US Borders
- Samsung v. Apple: A view from inside the courtroom
- Does the Patent Statute Cabin-in the Abstract Idea Exception? (Yes)
- It is Improper to Consider Extra-Record Claim Construction Evidence On Appeal
- 2016 Corporate IP Institute
- Patentlyo Bits and Bytes by Anthony McCain
- FTC Study on Patent Assertion Entity Activity
- Guest Post: Recalibrating Patent Venue
- Fees Rising: USPTO Proposes New Fees in Search of New Revenue
- Infringement Complaint Must Provide Factual Allegations at the Claim-Element-by-Claim-Element Level
- Not Eligible: Supreme Court Denies All Pending Subject Matter Eligibility Petitions
- First Amendment Finally Reaches Patent Law
- Sleeping During CLE
September 2016
- When Co-Counsel’s Violations are Your Own.
- Patentlyo Bits and Bytes by Anthony McCain
- Lee v. Tam: Supreme Court Takes on the Slants
- Texas Issues Several New Ethics Opinions
- Supreme Court Patent Cases – September 28 Update
- Unpacking Trade Secret Damages
- Ethicon v. Covidien: Delegation of Institution Decisions to the PTAB
- RMail: Is Eligibility a Proper Litigation Defense?
- Update: If Alice was always the law, why did you get so many “invalid” patents for your clients?
- Affinity II: Who Has the Burden for Alice Step II?
- Traditional equitable defenses do not apply to IPR proceedings
- Point of Novelty Returns to Indefiniteness Analysis
- Affinity Content Distribution Scheme – Abstract Idea
- Obviousness does not Require Prior Art to Fit Together Exactly
- Objective Reasonableness Still at Play in Willfulness Cases
- “Inherent Disclosure” in Priority Document is Sufficient to Satisfy Written Description Requirement
- Your List of Lists is not the Disclosed List
- Judgmental Immunity in Patent Malpractice Cases
- Supreme Court Patent Cases: Malpractice, Obviousness, and Venue
- Federal Circuit on PTAB Initiation Decisions: Still No Appeal …
- Patentlyo Bits and Bytes by Anthony McCain
- Pre-GATT Applications
- Lawyer who copied and filed substantial portion of draft brief of co-party on appeal held to have violated copyright laws
- Patent Venue at the Supreme Court: Correcting a 26 Year Old Legal Error
- Step-One: Don’t Assume an Abstract Idea
- Santa Clara – Duke Law Patent Quality Conference: Patent Quality – It’s Time
- Stryker v. Zimmer: Federal Circuit Remands Enhancement Determination for Enhancement Determination
- Demand Letter without Accusing a Particular Product Creates DJ Jurisdiction
- Patentlyo Bits and Bytes by Anthony McCain
- On USPTO Oversight
- Pending Supreme Court Eligibility Cases: Patenting Genetic Discovery
- Supreme Court Patent Cases: Previewing the October Term 2016
- Denial of PTAB Amendment: Arbitrary and Capricious
August 2016
- Report: Examiner Billing Fraud at the USPTO
- IG Report: Examiner Time and Attendance Abuses
- Leveraging Electronic Resources To Retrieve Information From Applicant’s Other Applications and Streamline Patent Issuance
- Claiming: Special Care with Terms of Degree
- On Reddit, folks are wondering if Patent Examiners Wish they Thought of That
- Bits and Bytes from the PPAC Meeting
- Plagiarism Actions
- Defining OtterBox for Tariffs
- Texas Appellate Court Lets Trial Court Ruling of no Patent-Agent-Client Privilege Stand
- DuPont v. MacDermid Printing: The importance of a Patentee’s Pre-Filing Statements
- USPTO Launches Cancer Moonshot Challenge
- Summary Judgment on Anticipation
- Publication of the Patent Case Management Judicial Guide (3rd edition)
- Expanding the Scope of Ex Parte Reexaminations MidStream
- How not to Bring a Rule 11 Motion in a Frivolous Patent Suit
- Obviousness of the New Mixture
- A Specification’s Focus on Particular Embodiment Not Limiting if Other Embodiments are also Expressly Contemplated
- En Banc Query: Must the PTO Allow Amendments in IPR Proceedings?
- GEA Process: Appealing IPR Termination Decision
- Apple v. Samsung: Justifying Profit Disgorgement
- Patent Law Jobs
- The Limited Role of Common Sense in the Obviousness Analysis
- Some thoughts on Broadest Reasonable Interpretation
- Enhancing Damages in Halo v. Pulse
- Indefiniteness: Terms Cannot be Moving Targets
- Federal Circuit: District Courts Must Exercise their Discretion and in Deciding Whether to Enhance Infringement Damages
- “Consisting Of” Limits Markush Group to Only Those Elements Listed
- Dear USPTO: Nine-Month Delay is not Prompt Publication as Requied by Statute
- Letter to Congress from 28 Law Professors & Economists Urging Caution on the VENUE Act
- 35 U.S. Code § 316 – Conduct of inter partes review
- Common Sense Distinctions in Section 101 Analysis
- Federal Circuit: Still No Clarity on Definiteness Standard
July 2016
- License Arbitration Clause Ineffective Because it Excluded Issues of Patent Scope
- The Likely Indefiniteness of Coined Terms
- Inter Partes Review Statistics
- Unwired Planet v. Apple: Fault and Patent Infringement
- GAO: Patent Office Must Define and Improve Patent Quality
- Guest post: 2016 U.S. Patent Practitioner Trends Part 2 – Removal and Retirement of Patent Practitioners
- BASCOM v. AT&T: Section 101 Jurisprudence Continues to Develop
- Supreme Court Challenge to ITC’s Broad Authority
- AIA Patents: Trickle becomes a Stream
- Patent Filings Rising Slowly
- Venue Challenges Part 2
- Sales Activity: MedCo, Helsinn, and the AIA
- Octane: Malpractice Claims by Clients Forced to Pay the Other Side’s Fees?
- Law Professors Call for Patent Venue Reform
- Insurance IP Exclusion without IP Claim
- Choice of Law Compared to Subject Matter Jurisdiction
- Federal Circuit Pre-AIA “On Sale” Bar to UCC Level Offers
- Patenting From China
- Method of Selecting Desired Trait from Cell Plate is Patent Eligible
- Obviousness for Pharma/BIO
June 2016
- Guest Post: U.S. Patent Practitioner Trends of 2016 – Part I
- Prof. Radin’s Patent Notice and the Trouble with Plain Meaning
- Quick Hit: Massachusetts Case Litigating Spouse’s Interest in Invention.
- Supreme Court Patent Report: End of 2015 Term
- Supreme Court denies Sequenom Petition: Alice and Mayo Remain
- Supreme Court to Decide Patent Export Case: Life Tech v. Promega
- Halo, Civil Procedure, and Defending On-going Infringement Suits
- Sexism in Patent Practice
- End of the Road for Ethicon’s Anti-Delegation Argument?
- Supreme Court Calls for Views of the Solicitor General
- NY Ethics Opinion: New York Lawyers May Partner With Japanese Benrishi (“Patent Agents”)
- Federal Circuit Saves Patentees by ruling that “Before” includes “Just Afterwards”
- Supreme Court Affirms Cuozzo – Siding with Patent Office on BRI and No-Appeal
- Almost Cut My Hair
- DTSA: Temporary Restraining Order for Former Employer
- Certificates of Correction
- Supreme Court Clarifies Copyright Attorney Fees: Reasonable Defense Not a Presumptive Excuse
- Will the Walls Come Tumbling Down: Jericho v. Axiomatics at the Supreme Court
- Supreme Court Sides with Patentees–Providing Flexibility for Proving Enhanced Damages
- USPTO’s Six New Patent Quality Studies
- Claim Limits and Differences
- Digital Trademark and Design Patent Infringement
- Patentlyo Bits and Bytes by Anthony McCain
- Inducing Infringement: Procedural Limits on the Reasonable Non-Infringement Belief
- Supreme Court Patent Update: 271(e) Safe Harbor
- Data on Federal Circuit Appeals and Decisions
- Design Patent Damages at the Supreme Court
- Reasonable Royalty for Industry Standard Patents
- MCM v. HP Briefs
May 2016
- Supreme Court denies Certiorari in Obviousness Case
- Patentlyo Bits and Bytes by Anthony McCain
- Wegner’s Top Ten Pending Patent Cases
- In re Aqua Products
- Judge Hughes and the New § 101 Dichotomy
- DTSA Litigation Updates
- Apple v Samsung: Mooting the Injunction
- New Guidance to Examiners: Follow Enfish and TLI.
- DTSA Litigation Begins
- Pending Supreme Court Patent Cases 2016 (May 18 Update)
- Patentlyo Bits and Bytes by Anthony McCain
- Book Review: Patents After the AIA
- Query: Fictional Patent Lawyers (and their Trolls)
- Extra-Territorial Application of the Defend Trade Secrets Act
- A Comparison of the EU Trade Secrets Directive and the US Defend Trade Secrets Act
- By The Numbers: Is the PTO Underreporting the Rate They Institute IPRs and CBMs?
- Hotel Security Checking Co v Lorraine Co, 160 F 467 (2d Cir 1908).
- Guest Post: 35 USC 289—Grant of Certiorari in Samsung v Apple = The Opportunity for a Better-Crafted Standard for Awarding Total profits
- [Update] Defend Trade Secrets Act of 2016: Markup and Commentary
- Federal Circuit: Software and Data Structures Are Not Inherently Abstract
- Open Access and its Role in the Development of Science and Technology
- Precedent and Process in the Patent Trial and Appeal Board
- Immediate action for Human Resource Departments on the Defend Trade Secrets Act
- White House on Non-Competes and Trade Secrets
- Automatic Assignment of Future Inventions: A Serious Error of Federal Law that Requires Supreme Court Review
- Charting Inventorship: Teams Get the Prize
- USPTO: May 2016 Subject Matter Eligibility Updates
- What the Defend Trade Secrets Act Means for Trade Secret Defendants
- Right Sized Patents
- The Recent Federal Circuit Decision in Acorda Therapeutics v. Mylan Pharmaceuticals May Not be the Last Word on Personal Jurisdiction in ANDA Cases
- Guest Post: The AIA, Inter Partes Review, and Takings Law
- Rights of Trade Secret Owners in Federal Cases
- Pending Supreme Court Patent Cases 2016 (May 3 Update)
- Supreme Court to Review (and likely Reject) Laches as a Defense in Patent Infringement Cases
April 2016
- Patentlyo Bits and Bytes by Anthony McCain
- Federal Circuit Continues Broad Venue Allowance in Patent Cases
- Patent Quality Symposium Report – USPTO Patent Quality Initiative Moving Forward
- DTSA as a Shoe Horn for Contract and Employment Law Claims
- Implementing and Interpreting the Defend Trade Secrets Act
- Federal Circuit Rejects Reduced-Deference for AIA-Trial Decisions
- Investing in Patents
- Cuozzo and Kirtsaeng
- Design Patent Claim Construction: More from the Federal Circuit
- Federal Cause of Action for Trade Secret Misappropriation
- The Gatekeeping Function of Patent Eligibility as Part of a More Complete Understanding of § 101 Principles
- Patentlyo Bits and Bytes by Anthony McCain
- Patent Protection for Scientific Discoveries: Sequenom, Mayo, and the Meaning of § 101
- Boone County
- Section 101 – Pivotal Moment for Clarity on Patent Subject Matter Eligibility
- Patent Applications and Grants Holding Steady for FY 2016
- Design Patentees
- New Old Patents
- DTSA Moving Forward
- Nationalizing Trade Secret Law
- Pending Supreme Court Patent Cases 2016 (April 18 Update)
- Epic Trade Secret Case Billion Dollar Verdict
- Patent Grants 2016 Update
- Reissues
- Judge Dyk’s Concurrence in the Denial of Rehearing En Banc in Sequenom
- Battles between the PTO and Courts
- The Heavy Burden: Overcoming the Presumption Against Improper Inventorship
- Adding Fuel to the Bonfire of Patents
- Patentlyo Bits and Bytes by Anthony McCain
- New Trial for False Expert Testimony
- Cardpool: Amending Claims in Reexam after Court Judgment of Invalidity
- An Early Review of the Impact of Form 18’s Elimination on Pleading Direct Infringement
- Defend Trade Secret Act Moving Forward
- Again with the Redundancy: Although MPHJ’s claim might be obvious, HP can’t pursue that argument
- Pharma Looks to Limit Activis-Style Antitrust Liability to Only Reverse Payments
- Event: Intellectual Property in the Supreme Court
- Chao & Mapes: An Early Look at Mayo’s Impact on Personalized Medicine Patenting
- Revision to IPR Duty of Candor: Broadening Duty?
- Pending Supreme Court Patent Cases 2016 (April 1 Update)
March 2016
- Federal Circuit Confirms: USITC has no Jurisdiction over Purely Electronic Products
- Baker Botts Dodges $42 million Verdict in Patent Conflict Case
- Cravath’s Been Hacked: Are IP Firms a Major Target?
- Cuozzo v. Lee: The Problem of Standing
- PTO Brief – Looking for Supreme Support for its AIA Trial Regime
- Federal Circuit: No Opinion Serves as the Basis for Our Opinion
- AIA Challenges Pile On, but the Federal Circuit Deflects
- Mag Aerospace v. B/E Aerospace: Assignor Estoppel
- Federal Circuit: Our Muscles Are Not Working :{}
- Lexmark: Can Patent Rights Overwhelm Traditional Notions of Title?
- Sequenom: A great discovery should be worth something!
- Patentlyo Bits and Bytes by Anthony McCain
- 20 Second Design Patent Damages Survey
- Supreme Court Grants Cert on Design Patent Damages
- Shining a Light on Obviousness
- The Breadth of the Duty of Candor in IPR
- Venue and Personal Jurisdiction Updates
- ANDA filing creates Nationwide Personal Jurisdiction
- Pending Supreme Court Patent Cases 2016 (March 17 Update)
- En Banc: Does a Confidential Manufacturing Supply Contract Trigger the On Sale Bar?
- Delayed Justice: Can the USPTO Stall Implementation of Federal Circuit Decisions?
- Battle over Secret Sales and Secret Commercialization under the AIA
- Federal Circuit: Canada Not Best Forum for Enforcing US Intellectual Property Rights
- Guest Post: What Would Happen to Patent Cases if They Couldn’t all be Filed in Texas?
- Patentlyo Bits and Bytes by Anthony McCain
- Iqbal, Twombly, the Demise of Form 18, and Rule 12 Hell
- Federal Circuit: No New Card Game Patents Unless you Also Invent a New Deck
- Unified (European) Patent Court: 9-Months Away
- James Daily: An Empirical Analysis of Some Proponents and Opponents of Patent Reform
- Court: Metallizing Engineering Overruled by Statute
- Federal Circuit Recognizes Patent Agent Privilege
- After Multiple Failures: Apple Finds its Way Around the One Year Statute of Limitations for IPR Filings
- Federal Circuit Recognizes Patent-Agent Privilege
- First Action Pendency
- Remembering FDR’s Forgotten Promise is One Thing; Keeping it is Another
- Patentlyo Bits and Bytes by Anthony McCain
- Pending Supreme Court Patent Cases 2016 (March 4 Update)
- US Patent Applicants Heading to the EPO
- Federal Circuit Now Receiving More Appeals Arising from the PTO than the District Courts
- Using Trademarks to Avoid Country-of-Origin Issues
- Eon Corp. v. Silver Spring: Improperly Delegating Claim Construction to a Jury
- Inter Partes Review: Comingling Adjudicative and Executive Roles within an Agency
February 2016
- Federal Circuit: Apple’s Slide-to-Unlock Patent is Invalid
- Patentlyo Bits and Bytes by Anthony McCain
- Patent Grants 2016
- Litigation Screen Fails to Avoid Inequitable Conduct (But Almost Succeeded)
- Trolls vs Pirates: Halo/Stryker Oral Arguments
- Federal Circuit Again Revives Zoltek Case: Who Invented Stealth Technology
- Bits and Bytes
- Patentlyo Bits and Bytes by Anthony McCain
- Retroactive License to Parts Exhausts Patent Rights as to Whole
- Pending Supreme Court Patent Cases 2016 (February 17 Update)
- Lexmark and Disposability: Gumming Up the Market for Refills and Repairs.
- USPTO Stadium Tours (PTAB/TTAB Hearings)
- Lexmark: Presumptions in the Right to Import, Reuse, and Resale
- En banc Federal Circuit affirms Mallinkrodt, notwithstanding Quanta
- Patentlyo Bits and Bytes by Anthony McCain
- Strategic Decision Making in Dual PTAB and District Court Proceedings
- 3M Liable for $26 Million for Fraudulent Patent Enforcement
- Dear Supreme Court: Does Joint Enterprise Liability Theory Apply to Direct Patent Infringement
- Pre-Issuance Damages under Section 154(d)
- Ethicon: What Powers Can the Director Delegate to the Patent Trial & Appeal Board?
- Patentlyo Bits and Bytes by Anthony McCain
- When a Consultant Starts Work Before He Signs the Agreement
- Strictly Construing Amended Claims Against the Patentee
- Six Hundred Million Dollars
- Claim Construction Leads to Nonsensical Result and thus Indefiniteness Holding
- Pending Supreme Court Patent Cases 2016 (February 3 Update)
- @Mizzou: Administrative Patent & Trademark Hearings & Symposium
- NewEgg Denied its Fees Again
- On Appeal, Abuse-Deterrent OxyContin Patents are Invalid
- WHAT YOU NEED TO KNOW ABOUT THE AMENDED DEFEND TRADE SECRETS ACT
January 2016
- REPORT AND ANALYSIS OF RECENT AMENDMENTS TO S. 1890 (The Defend Trade Secrets Act 2016)
- Patentlyo Bits and Bytes by Anthony McCain
- Section 285 Does Not Support Deterrence Based Fee Enhancement; Next Stop Rule 11 Sanctions
- Prevailing Defendant’s Exceptional Case Restitution Limited to “Reasonable Attorney Fees”
- Federal Circuit: Board Must Explain its Decisions
- Patent Term Adjustment: Erroneous and later Withdrawn Restriction Requirement Still Counts as a Section 132 Notice
- Inter Partes Review: An Unconstitutional Delegation of Judical Power
- Technical Difficulties on Patently-O Today
- Anonymous Loan Shopping — An Unpatentable Abstract Idea
- Pending Supreme Court Patent Cases 2016 (January 20 Update)
- Supreme Court Orders FedCir to reconsider Medtronic Lawsuit
- Samsung v. Apple: Functional Design Patents and Profit Disgorgement
- Guest Post: Why we Need a Seizure Remedy in the Defend Trade Secrets Act
- The Maling Decision from Massachusetts on Subject Matter Conflicts
- Apologies for the Absence
- Supreme Court grants Certiorari in Challenge of Inter Partes Review Proceedings
- Lighting Ballast at the Supreme Court: The Role of Extrinsic Evidence in Claim Construction
- TC Heartland: Next Step in Limiting Patent Venue and Jurisdiction
- IPR Challenge Moves Forward with One Step Back
- Patent Grants 2015
- Due Process and Separating Powers Within an Agency
- Pending Supreme Court Patent Cases 2016 (January 12 Update)
- Patentlyo Bits and Bytes by Anthony McCain
- Year in Review – from Patent Docs
- Wi-Lan v. Apple: “Clarification” or “reconstruction”?
- Razing the Patent Bar
- Patent Venue: Limits on Venue in Patent Infringement Litigation
- Chief Administrative Patent Judge
- Apple, Samsung & Design Patent Claim Construction
- Pending Supreme Court Patent Cases for 2016
2015 478
December 2015
- Inter Partes Reviews are Won/Lost on the First Filing
- Federal Circuit: Testing Vehicle Operators for Impairment is an Unpatentable Abstract Idea
- Help us Here in Missouri!
- Patentlyo Bits and Bytes by Anthony McCain
- Commil v. Cisco: Despite Supreme Court Win, Patentee Still Loses
- University of Iowa Hiring an In-House IP Attorney
- Merry Christmas from the USPTO (and from us at Patently-O)
- Shukh Signals Petition for Certiorari in Futures-Assignment Case
- Free Speech: Prohibition on Registering Disparaging Marks is Unconstitutional, Federal Circuit Rules
- Assigning Future Interests: Federal Circuit Denies Review of FilmTec
- Amicus Briefs on Enhanced Damages
- Two-Step Printed Matter Doctrine: (1) Is it Printed Matter?; (2) Do we give it patentable weight?
- Proposed Changes to Federal Circuit Rules
- Federal Circuit denies en banc request
- Three Charts from the USPTO 2015 Annual Report
- 35 U.S.C. 289
- Samsung Electronics Co. v. Apple Inc., No 15-___ (design patent scope and damages calculation)(New Petition)
- Patentlyo Bits and Bytes by Anthony McCain
- Pending Supreme Court Patent Cases (Update)
- Expanding the Framework for Enhanced Patent Damages
- Short Fiction for IP Attorneys
- IPR: Proving Patentability before Amendment
- PTAB Allows Filing of Motion for Sanctions for Alleged Protective Order Violation
- The First Patent Litigation Explosion
- Guest Post by Prof. Contreras – CSIRO v. Cisco: The Convergence of RAND and non-RAND Royalties for Standards-Essential Patents
- Pending Supreme Court Patent Cases
- S.D. Florida shifts fees from date of claim construction onward
- Trade Secret Law
- Petition of the Day: Does the Statute Allow Section 101 Challenges in CBM/PGR proceedings?
- Judge Real Enters Default Against Infringement Defendant for Discovery and Other Abuses
- Petition of the Day: Medtronic v. NuVasive
- Federal Circuit Asked on Mandamus to Recognize Patent Agent Privilege
- Federal Circuit Reluctantly Affirms Ariosa v. Sequenom and Denies En Banc Rehearing
- Goldman on Ex Parte Seizures in Trade Secret law
- Federal Circuit: The IPR System is Constitutional
- New Rules of Civil Procedure 2015
- Guest Post: Seeing Trade Secret Law Through the Lens of Information Diffusion
- Blog Updates: ABA Blawg 100
- AIA Patent Updates
November 2015
- Nautilus Submerges Again — Upcoming Supreme Court Cases
- Nautilus Surfaces Again at the Supreme Court
- Welcome Back from Thanksgiving Break – Don’t Do This
- Follow-Up: Professor Chien’s More Nuanced Arguments
- THE MYTH OF THE TRADE SECRET TROLL
- Notes from the PPAC Meetings
- Ignoring Patent Demand Letters
- First AIA Lawsuits
- AIA Patents: 20% of Newly Issued Patents
- Apple v. Samsung – Appeal Number XXXIII
- Cuozzo Amicus Briefs from IPO, AIPLA, BIO, et al., all arguing against Broadest Reasonable Interpretation of Claims During IPR proceedings
- Claim Construction Moot Court: Mizzou’s Fifth Annual Patent Law Moot Court Competition
- Federal Circuit to Wait on Carnegie Mellon Willfulness Case until the Supreme Court Decides Halo and Stryker
- Patentlyo Bits and Bytes by Anthony McCain
- Federal Circuit Finally Sends Akamai Back to District Court with Orders to Finish It
- En Banc: Should there be a Supplier Exception to the On Sale Bar?
- Personalized Medicine May be Patentable, but Not for Prometheus
- Correcting your Patent Based upon Later Advances in Science
- The Divide between a Covenant and a License
- No Deference for Misquoting your Sources
- Federal Circuit Bites Back against USITC Expansion into Electronic Importation
- A monkey, an animal-rights organization and a primatologist walk into federal court . . .
- Certificates of Correction
- Support for Mandamus Action to Limit Patent Forum Shopping
- Director Michelle Lee: Moving toward Patent Clarity
- IPR Appeal: Federal Circuit Tells PTAB to Reject More Claims
- New Federal Rules of Civil Procedure
- McCarthy on the Federal Circuit as a trademark court
- Federal Circuit: Denies En Banc Rehearing on Lost Profit Sales for Component Export
- Trademark Cases
- PTO Rules: File Sharing and Correcting Foreign Priority Claims
- Federal Circuit: Attorney Reputational Harm Does Not Raise Case-or-Controversy Following Settlement.
- Patentlyo Bits and Bytes by Anthony McCain
- Filing a Civil Action and Paying Fees
October 2015
- Federal Circuit Looks for Briefing on Automatic Assignment En Banc Challenge
- Treatise on the Law of Patents Section 170
- Does the Law Permit a Seller to Assign Title Before Acquiring Title?
- Impact of an Inter Partes Review Petition Denial on Willfulness
- Guest Post: Restoring “Causal Nexus”
- Choosing a District for Patent Infringement Filing and Giving Meaning to Section 1400(b)
- Where does a Defendant “Reside” for Jurisdictional Purposes in Patent Infringement Cases?
- When is a Covenant-Not-to-Sue a Patent License?
- AIPLA Patent Year-in-Review
- Three Recent PTAB Decisions on Patent Eligibility
- Stay Pending Petition Consideration.
- Federal Circuit on Fee Award and Partial Stipulated Agreements
- New Discovery Rules: Act Now?
- Georgia Annual Corporate IP Institute October 27-28 in Atlanta
- Patentlyo Bits and Bytes by Anthony McCain
- Supreme Court to hear cases on Federal Circuit’s Rigid Limits on Treble Damages
- Federal Circuit: Prior Art Enabled by Applicant Admissions in his Patent Application
- Guest Post: A Small Practice Note on Patent Family Licensing with a Billion Dollar Effect?
- Federal Circuit Denies En Banc Request in BPCIA case
- Michelle K. Lee Bobblehead
- US Patent Application Filings for FY 2015
- Life Tech v. Promega: Inducing with Yourself
- Steed: Proving Conception
- Federal Circuit Operating Procedure: Affirm PTO Decisions Without Opinion
- IPO Executive Director: Mark Lauroesch
- Federal Circuit Summarily Affirms Apple v. Samsung judgment without Merits Briefing
- Pending Cases at the Supreme Court
- Trans Pacific Partnership IP Chapter
- The Concentrated Market of Patent Jurisdictions
- Trans Pacific Partnership
- Patentlyo Bits and Bytes by Anthony McCain
- Cuozzo Takes IPR Challenge to the Supreme Court
- Guest Post: The Blurring Of §§ 101 and 103—A Double-Edged Sword that Cuts the Other Way
- Australia Rejects Isolated-DNA Patents
- No Motivation to Make a Worse Product – Therefore Patentable?
- Patent Market Tracker
- Patent Trolls and Great Inventors
- Shukh v. Seagate: Fired Inventors and their Former Employers
- California Bar Reportedly Drops Reines Inquiry
- Non-Transitory Patent Claims
September 2015
- No Appeal for Errors in Instituting IPR
- Will the Federal Circuit Recognize the U.S.–Foreign Tradeoff in Friday’s Lexmark Argument?
- Professionalism in Communications with the USPTO
- Patent Grants Per Fiscal Year (USPTO)
- Design Patent Damages
- Method Patent Claims
- Federal Circuit Sends Bad-Faith-Patent-Assertion Case back to State Court
- Fractures, Fault Lines, and the MPEP
- Guest Post: To File a CON? Empirical Popularity and Prosecution Outcomes
- The Lost ‘Art’ of the Patent System
- 35 U.S. Code § 314 – Institution of inter partes review
- Iowa Intellectual Property Law Association Annual Conference at the Iowa College of Law
- Shire Wins Vyvanse Case, but Supplier Escapes Liability
- High Priced Generic Drugs
- Said Element
- Patent Landscape Report
- Patentlyo Bits and Bytes by Anthony McCain
- Federal Circuit: Damages Expert Credibility is a Question for the Jury
- Can the U.S. Government Infringe a U.S. Patent? (The U.S. Government Says it’s Impossible)
- USPTO News
- Court Maintains Laches Defense for Back Damages in Patent Cases
- Intervening Rights 2015
- Federal Circuit Pushes Court to Stop Samsung’s Infringing Sales
- Lemley & McKenna on IP Scope
- Recent Developments in Patent Law – 2015
- Question on Quarterly Patent Filings
- In Suprema v. ITC remand, Panel Expands on Inducement
- Patentlyo Bits and Bytes by Anthony McCain
- Property Law: Who owns the Graffiti?
- Economic Index
- Implementing the AIA: First to File Patents
- Guest Post: Why the (Previously) Improving Economy Likely (Also) Reduced Patent Litigation Rates
- New Forum
- In Scotland a Juror who Misuses Technology Can Face Two Years in Prison!
- Media Rights Technologies v. Capital One: Williamson v. Citrix applied
- Bits and Bytes on IP Law
- Obviousness: Despite KSR, Still Tough to Win in Court
- Federal Circuit Backtracks (A bit) on Prior Art Status of Provisional Applications and Gives us a Disturbing Result
- Hughes on Obviousness: The Problem Motivates the Solution
- Illinois: In-house counsel who limit practice to that before the USPTO do not need to register
- Is it Appropriate Prosecute Patents for Direct Competitors on Inventions on Similar Technology without Disclosure and Waivers?
- Dickstein Shapiro Dodges Malpractice Suit by Showing Long-Ago Issued Claims Were to Ineligible Subject Matter
- Patentlyo Bits and Bytes by Anthony McCain
- Dow v. Nova: “Nautilus changed the law of indefiniteness”
August 2015
- Sequenom’s Patent
- Drawing Severable Lines in Claim Construction
- Guest Post by Profs. Lefstin & Menell on Sequenom v. Ariosa
- In Brief: Amici Provide Reasons to Reconsider Ariosa v. Sequenom
- Citing References – An Alternative Look
- Law Firms File Amicus Brief with Massachusetts High Court on Conflicts in Patent Prosecution
- Patentlyo Bits and Bytes by Anthony McCain
- PTO Proposed Pilot Program on IPR Initiation
- A few notes on USPTO Progress
- Cancellation of Progressive’s Business Method Patents Confirmed on Appeal
- Naming the Rule: Anticipating the Patent
- Federal Circuit: We don’t Decide Claim Construction in the Abstract
- Working through Old Patent Applications
- Federal Circuit Gives PTO “OK” to Treat Hyatt as a Special Case
- It’s News to Anthony McCain
- Rarity: Federal Circuit Reverses Jury Verdict of Non-Obviousness
- Kyle Bass’s Response to Motions about Abuse of IPR in IPR2015-01092
- Another Parallel Litigation Disqualification Case
- New Rules on PTAB Trials
- Guest Post on Conflicting Claims: The Raw Statistics of PTAB Trials
- Patentlyo Bits and Bytes by Anthony McCain
- Micro Entities Rising Popularity
- Employment Agreement Breach: Failure to Assign Can’t be Fixed Because of Statute of Limitations
- Federal Circuit Stops Downstream Enforcement of Standard-Essential DVD Patents
- New Developments in ClearCorrect v. USITC
- Patent Grant Rate by Technology Area
- Guest Post by Gary Griswold on Design Patent Damages
- Tight Rules on Pre-Discovery Infringement Contentions offer Forecast for Patent Reform Provisions
- Akamai v. Limelight: Federal Circuit Expands the Contours of Direct Infringement
- Peter Menell’s Patent Litigation Guide
- Guest Post by Prof. Burstein: Ethicon v. Covidien — Some key design patent issues
- Patentlyo Bits and Bytes by Anthony McCain
- En Banc Federal Circuit: USITC Has power to Stop Non-Infringing Imports if used to Induce Infringement in the US
- USPTO Allowance Rate
- Ethicon v. Covidien: Cut to the Marrow on Indefiniteness
- Republican Debate: Removing Roadblocks more Important than Incentives
- The Economist: Time to Fix Patents
- Patentlyo Bits and Bytes by Anthony McCain
- International Intellectual Property Law Updates
- Patentlyo Bits and Bytes by Anthony McCain
- Marvell v. Carnegie Mellon: $300 million is a lot, but not $1.5 billion
- Patent and Trade Secret Legislation Updates
- RAND Agreement Proving Powerful Limit on Patentee Action: Microsoft v. Motorola
- Commissioner of Patents: Drew Hirshfeld
- Patentlyo Bits and Bytes by Anthony McCain
July 2015
- Circuit Check v. QXQ, Inc.: Analogous Art Doctrine
- Patenting Diagnostic methods
- Read This: USPTO’s New Examination Guidelines Subject Matter Eligibility Provide “Pathways to Eligibility”
- Seeking the AntiCommons
- Patent Office Issues Updated “Interim Guidance” on Patent Subject Matter Eligibility
- More on post-eBay injunctions
- Guest Post: Digital Information at the Border
- Public Confidential Information: California Weighs In, Asks for Comments
- Patents for Startups
- Patentlyo Bits and Bytes by Anthony McCain
- Sensor Based Motion Tracking System Ineligible under Section 101
- Using U.S. Discovery in Foreign Proceedings
- Amgen v. Sandoz
- Maintenance Fees 2015
- Biologics Price Competition and Innovation Act: Refusal to Dance
- Patentlyo Bits and Bytes by Anthony McCain
- Fighting for Peace and Love
- Patents Fuel the American Dream
- Judge Stoll
- Ex Parte Reexam Filings
- Prosecution Pendency Thoughts
- The Impact of eBay on Injunctive Relief in Patent Cases.
- CPC and Google Search
- Appellate Jurisdiction: Its No Longer a Patent Case (and thus no Fed. Cir. Jurisdiction) when the Patent Claim is Voluntarily Dismissed
- Patent Reform Slows Down in Congress
- Patentlyo Bits and Bytes by Anthony McCain
- USPTO News
- Versata II: District Court has No Jurisdiction to Hear Challenge to CBM Review Institution Decision
- Federal Circuit Limits Review of Attorney Fee Issues
- My Rant on Versata: Non-existent Statutory Analysis Continues
- Patentlyo Bits and Bytes by Anthony McCain
- Versata v. SAP: Federal Circuit Claims Broad Review of CBM Decisions
- Court Affirms Cancellation of Redskin Marks [Updated]
- Sharply Divided Federal Circuit Confirms that PTO Can Broadly Construe Claims During Inter Partes Reviews
- Judge Kara Stoll Confirmed by Senate
- Patentlyo Bits and Bytes by Anthony McCain
- Courts Adhering to Objective Frivolousness Despite Octane… and They Should
- Intellectual Ventures Software Patents Too Generic (i.e., Abstract)
- Constitutional Challenges to IPR Continue
- USPTO Can Demand Attorney Fee Awards, Even When it Loses the Case
- Privity: Prevailing Defendant Cannot Take Advantage of Indemnification Agreement to Attorney Fees when Offending Party Fails to Pay
- Patentlyo Bits and Bytes by Anthony McCain
- Guest Post: In Rush to Invalidate Patents at Pleadings Stage, Are Courts Coloring Outside the Lines?
- Kessler Doctrine Cuts-Short Customer Lawsuit
June 2015
- Supreme Court Slows its Patent Law Jurisprudence?
- Guest Post: Keys to Success of the Florida Patent Pro Bono Program
- Next Step: Substantive Harmonization of Patent Eligibility?
- Federal Circuit: Bad Lawyering != Sanctionable Litigation Misconduct
- Our Book Reviewed
- Court’s Holding that Malpractice Measured at Time of Representation Saves Firm from Later Change in Law
- Independent Patent Claims
- Patentlyo Bits and Bytes by Anthony McCain
- Judge Newman: Functional Claim at Point of Novelty => Abstract Idea
- Bring Back the Means: “Voltage Source Means” Not a Means-Plus-Function Term
- PTAB authorizes patentee to file motion for sanctions against Bass for abuse of IPR
- Supreme Court Declines to Overrule Brulotte
- Guest Post by Prof. Collins – Williamson v. Citrix Online: And Now Comes the Difficult Part
- ePlus: Injunctions, Contempt, Law of the Case, and the Final Judgment Rule
- CAFC Opinions Available on Pacer Hours before Court’s Website
- Teva v. Sandoz: On remand, Still No Deference and Claim is Indefinite
- Patent Pendency Redux
- Williamson v. Citrix: En Banc Opinion on § 112, para. 6
- Expedited Patent Appeals
- Expert’s Violation of Prosecution Bar Warrants His Disqualification
- Eligibility 101: Motion to Dismiss Ends Another Patent
- Electronic Commerce Patenting
- Median Patent Prosecution Pendency
- Guest Post by Prof. Lefstin: Ariosa v. Sequenom and the Path Ahead for Subject-Matter Eligibility
- Guest Post: Technical Detail in Senate PATENT Act Could Have Major Impact in Eastern District of Texas Patent Litigation
- VIS v. Samsung: Developing the Role of Extrinsic Evidence post-Teva
- Compact Patents
- Patentlyo Bits and Bytes by Anthony McCain
- Guest Post: America Invents Act Cost the US Economy over $1 Trillion
- Independent Inventors
- IPR Ethics?
- Patentlyo Bits and Bytes by Anthony McCain
- Patent Act of 2015 [Updated]
- Patent Reform 2015
- Federal Circuit: We do not Defer
- Patentlyo Bits and Bytes by Anthony McCain
- Ultramercial Shoots for the Moon
May 2015
- Copyright on Computer Programs: Solicitor General Argues that APIs are Unquestionably Copyright Eligible
- Today’s Events: Los Angeles IP Law Association Spring Seminar
- Persuading Examiner Through Examiner Performance Statistics?
- Patentlyo Bits and Bytes by Anthony McCain
- Commil v. Cisco: Belief-of-Invalidity not a Defense to Inducement
- USPTO Grants and Applications Both Down (Slightly) for FY2015
- Status of AIA Applications
- Federal Circuit: Software is not Patent Eligible unless Claimed as a Process or Physical Object
- AIA Applications Working Through the System
- Patent Quality.
- Copyrighting Your Patent?
- Fee Shifting as Patent Policy Lever: How to Ensure Sufficient Torque
- Patent Law Quiz:
- Apple v. Samsung: Design Patents Win
- Broadening and Narrowing Claims Post Issuance
- Data: Counting Fee Shifting Cases
- Federal Circuit: 271(a) Does Not Include Joint Tortfeasor Liability
- Emerging Trends Post-Octane Fitness
- Federal Circuit Finds Scope of Non-Amended Reissue Claims Improperly Broadened
- Statutory Interpretation and the Exhaustion Issues in Lexmark v. Impression Products
- Federal Circuit Chooses Quantity over Quality in Fight over Electro-Mechanical Stimulation Device Patent
- Publishing Design Patent Applications: Time to Act
- Eon v. AT&T and the role of “Pure Functional Claiming”
- Biosig v. Nautilus: Indefiniteness on Remand
- Are Specific Information-Processing Claims Abstract Ideas?
- USPTO First Action Timing
April 2015
- Louisiana Challenge’s AstraZeneca on Antitrust Claims for Asserting Invalid Drug Patents
- New Job Postings on Patently-O Jobs
- The PATENT Act of 2015
- S.A.W.S. Class Action Lawsuit
- Commissioner Focarino Set to Retire
- Pitfalls in Trademark Prosecution
- FDA Law: You’re Invited . . . To a Dance Party! Will You Dance the Amgen Waltz, or the Sandoz Shuffle?
- Blocking Torrents in the UK
- Google wants to Buy Your Patents
- Do Limits on Trademarks-that-Disparage Violate Freedom-of-Speech?
- Grace Period Restoration Act of 2015
- Patent Quality Plans and Submissions
- Moving Forward: Judge Stoll
- Our Expanded Regime of Submarine Prior Art
- Of Printer Cartridges and Patent Exhaustion: The En Banc Federal Circuit is Poised to Clarify Quanta
- In-house lawyer who took information from client disciplined by OED
- USPTO Patent Quality Call for Papers
- Ineos v. Berry: Anticipation by an Overlapping Range
- Speaking today at BIO’s Counsel Conference
- At Stanford: PTO and the Courts
- Some thoughts on Best Mode
- Inspector General: USPTO Needs to Strengthen Patent Quality Assurance Practices
- Lexmark v. Impression: The Facts of the Case
- Federal Circuit takes on En Banc Patent Exhaustion Case to Examine Impact of Kirtsaeng and Quanta
- Grace Period Restoration Act of 2015
- Federal Circuit: Litigation Misconduct Should Probably Result in Attorney Fee Award
- University of Missouri Patent Law Moot Court Competition sponsored by McKool Smith
- PTO vs the Courts
- Texas A&M University School of Law
- Leaving Something off the Final Pre-Trial Order?
- Guest Post by Prof. Ghosh – Kimble v. Marvel: Exorcising the Spirit of Justice Douglas
- Questioning the Federal Circuit’s Reduced Flow of Information
- Federal Circuit OK’s Award of 50% of Gross Margin
- Patent Number Nine Million.
- Guest Post: White House “Patent Troll” Report Challenged under the Federal Information Quality Act.
- Patent Law Moot Court: Disembodied Genetic Information as an Abstract Idea
- Federal Circuit Cases to Watch on Software Patentability – Planet Blue
- SCOTUS: Post-Expiration-Licensing
- Congratulations Herbert Wamsley
- Interlocutory Appeal on Stay Decisions for CBM/PGR
- Oral Arguments in Commil v. Cisco
March 2015
- Revision of PTAB Policies
- Teva, Nautilus, and Change without Change
- Get a Patent Law Job
- Million Dollar Mistake? The Cost of Limiting or Canceling IP Rights
- Deputy Director Russ Slifer
- Duty of Candor and Indefinite Claims
- Patent Quality Summit
- Supreme Court: TTAB Decisions Create Issue Preclusion for Later Litigation
- Willfulness: Federal Circuit Denies En Banc Review in Halo v. Pulse
- Reexamined Patent Still Obvious According to the Court
- Docket Error Loses AT&T’s $40 Million Appeal
- Deputy Director __________?
- Guest Post: The Layered Patent System
- The Invention as Different, Not Better
- Obviousness as a Question of Fact
- Measuring Innovation
- Live Stream Now
- Most Cited Supreme Court Patent Decisions (2005-2015)
- Professor-to-Professor: You Are Wrong about Patent Reform
- USPTO’s Six Proposals for Patent Quality
- Congratulations to Director Michelle Lee
- Low-Tech High-Tech
- Guest Post: Despite Alice Corp, McRO’s Software Patents Should be Seen as Eligible under Section 101
- Judge Stark Set to Reduce (and Potentially Eliminate) Intellectual Ventures’ $17m Verdict Award
- Patent Litigation Data – March 2015
- Guest Counterpoint: Patent Exhaustion and Helferich’s Assertion Problem
- Guest Counterpoint by Prof. Sichelman: The Innovation Act’s Fee-Shifting is Biased against Patent Holders and Will Likely Increase PAE Activity
- Paul Vapnek Passes Away
- Patently-O Bits and Bytes
- The Strong Patent Act of 2015 from Senator Coons
- Monroe Freedman Passes Away
- The Rewards From Effective Reform Could Be Great
- Apple-Samsung Lawsuit Raises Important Questions about Scope of Injunctions
- USPTO Cancels Sensitive Application Warning System (SAWS)
- Trademark: Registration Void if Completed Prior to Actually Rendering Services in Commerce
- USPTO Quality Summit
- Nothing happening at the OED.
February 2015
- Smartflash v. Apple: Is the Invention an Abstract Idea?
- 2015 U.S. Patent Practitioner Trends
- “Late” IDS Filing Limits Patent Term Adjustment (PTA)
- Hyatt’s Family Tree
- Status of USPTO’s Withdrawn Abstract Idea Patents
- Half-Billion Dollar Verdict Against Apple
- (Revised) Akin Gump Found to Have Breached Duty of Loyalty to Client: Important Lesson for Fee Agreements
- FTC’s Power to Investigate Settlements
- Supreme Court Denies Appeal on Constitutionality of First-to-File Patent System
- CAFC Reverses Award of 285 Fees: Biax Corp. v. Nvidia Corp.
- Getting SAWS Data from the USPTO
- A Patent on the Internet
- Foley Partner Responds to SCOTUS Show Cause Order: I had no choice and you’re overreacting
- Cisco Argues that the Inducement Mens Rea Should Focus on Knowledge of Wrongdoing Rather than Merely Infringement
- You are Invited to Mizzou!
- Construing Claims: Independent Claim Preamble is Limiting when Used in the Body of Dependent Claims
- The WSJ on NPEs
- Who is to Blame for High Litigation Costs: Plaintiffs for filing the lawsuits or Defendants for refusing to deal and instead fighting?
- The Federal Circuit’s New “Authorized Acquirer” Restriction on Patent Exhaustion
- Fenner v. Cellco: Judge Newman Speaks on Claim Construction
- Interesting Ex Parte Contact Case
- Law Update: Changes to Design Law coming May 13, 2015
- Patent Exhaustion: Licensing Handset Manufacturers Did not Exhaust Patent as to Downstream Content Providers
- Fee Shifting Provision in the Innovation Act
- You Own Devices Act (‘YODA’) of 2015
- Duty of Disclosure Inquiry
- Patently-O Bits and Bytes
- A Draft National Intellectual Property (IP) Policy for India
- Guess the date of this quote
- IEEE Amends its Patent (FRAND) Policy
- EO Wilson on the Next Bio-Innovations
- Admin Patent Law
- Guest Post: Transfer Prices Are an Evidentiary Gold Mine for Patent Defendants
- Guest Post: Why Administrative Law Matters to Patent Attorneys—In re Cuozzo Speed Technologies LLC
- Patent Conflicts between Employers and their Employees
- IPO on Patent Reform
- Katy Perry Wants to Bite the Head off Left Shark Vendor
- Federal Circuit Affirms 10% Royalty on “Pure Profit” Infringement by US Government
- Patent Reform: Innovation Act of 2015
- Patent Reform 2015
- Guest Post by Dr. Gaudry and Prof. Tu – Our Call to the PTO: Release SAWS Data
- Patentee Loses First IPR Appeal on all Grounds
- In re Papst Licensing: Federal Circuit Speaks on Claim Construction
- PTO seeks input on scope of privilege between applicants and U.S. Patent Agents or foreign patent agents
- Commil v. Cisco: Opening Briefs on Escaping Inducement Liability
January 2015
- Patent Law Jobs
- Binding Teams in Silicon Valley
- Octane as Creating Conflicts Between Lawyers and Clients and Undermining the Duty of Zeal
- Even under BRI, A Wired-Connection is not “Wireless”
- Opportunity for Latino Law Students Interested in Intellectual Property
- A Constitutional Challenge to Inter Partes Review
- 35 U.S.C. 101
- Obviousness: Cannot modify Prior Art a way that Disrupts the Reference’s Contribution to the Art
- Foreign Agent-Client Privilege?
- Interesting, Problematic Prosecution Bar Case
- Next Up: Lighting Ballast
- Delano Farms v. California Table Grape Commission (Fed. Cir. 2015)
- Dr. Sheppard Selected as Director of USPTO’s Detroit Office
- Director Lee: Next Step is to Focus on Patent Quality Initiatives
- Giving Deference to the Supreme Court in Teva v. Sandoz
- Using 35 USC 285 to Impose Fees on Patentee’s Counsel
- Teva v. Sandoz: Partial Deference in Claim Construction
- Teva v. Sandoz: Deferential Review on Factual Issues; de novo review of final question of construction
- Next Steps on the USPTO Sensitive Application Warning System
- Subject Matter Jurisdiction in Legal Malpractice Claims: The Door Gets Slammed Shut Again
- Good Faith but Mistaken Belief in Invalidity Combined with Good Faith but Mistaken Belief in Infringement…
- USPTO Too Broad in its Broadest Reasonable Interpretation
- Federal Circuit Gives Malpractice Case New Hope by Remanding to State Court
- Hearing for Director Michelle Lee Nomination
- Tidbits from SPEs at the Life Sciences Conference
- Willfulness Interplays Between Patent and Copyright
- At a Conference on Life Sciences
- Upcoming Conferences and Workshops
- Google Looks to Narrow both Copyrights and Patents through Supreme Court Action
- Bard v. W.L. Gore: Revisiting Willful Infringement (Again)
- Non Practicing Entities in Europe
- Using 285 Against Lawyers of the Loser
- Federal Circuit Grants Motion to Disqualify Jones Day on Appeal
- Promega v. Life Tech, pt. 2: Inducing Oneself
- Erich Spangenberg’s predictions for 2015 Patent Law
- Vringo v. ZTE: Troll Status is Irrelevant
- 2015 Updates to Eligibility Guidelines
- The Federal Circuit and Judicial Transparency
- Federal Circuit: A hole is not “water-permeable”
- Financing Patent Litigation: Insurance Troubles
- J.Pasky on the Need for Patent Reform
- Happy New Year
- Halo v. Pulse: Escaping Willfulness with Ex Post Reasoning
- Patent Cases Pending as of January 1, 2015
- Unreasonable Prejudicial Delay in Filing Patent Infringement Suits: Why the Federal Circuit Should Not Overrule Aukerman
- Massachusetts Seeks Amicus Briefs on Conflicts in Prosecution