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Patents

  • MBHB Webinar on PTAB

    McDonnell Boehnen Hulbert & Berghoff LLP will be offering a live webinar entitled "Top Stories at the PTAB: What You Need to Know" on March 13, 2018 from 10:00 am to 11:15 am (CT). In this presentation, Patent Docs author and MBHB attorney Andrew Williams and MBHB attorney George "Trey" ... Read More
    Source: Patent DocsPublished on 2018-02-25By Patent Docs
  • IPLAC Presentation on EPO

    The Intellectual Property Law Association of Chicago (IPLAC) Patents-International Committee will be offering a presentation by Alfred Keyack, EPO Attaché to the United States, entitled "Inside the European Patent Office: Questions & Answers" on March 7, 2018 from 11:45 am to 1:00 pm (CT) at DePaul College of Law in ... Read More
    Source: Patent DocsPublished on 2018-02-25By Patent Docs
  • On Sale and Public Use Bars Webinar

    Strafford will be offering a webinar entitled "On Sale and Public Use Bars to Patentability: Minimizing the Risk of Patent Ineligibility or Invalidation" on March 15, 2018 from 1:00 to 2:30 pm (EDT). Thomas L. Irving of and Doris Johnson Hines of Finnegan Henderson Farabow Garrett & Dunner and Daniel ... Read More
    Source: Patent DocsPublished on 2018-02-25By Patent Docs
  • USPTO 2018 Business Methods Partnership Meeting

    The U.S. Patent and Trademark Office will be holding 2018 Business Methods Partnership Meeting (BMPM) from 1:00 to 4:00 pm (ET) on March 15, 2018. The BMPM was established to create a collaborative forum providing attendees with the opportunity to meet and share ideas, experiences, and insights with management from ... Read More
    Source: Patent DocsPublished on 2018-02-25By Patent Docs
  • Blackbird Technologies to Appeal Ineligibility Ruling in Cloudflare Patent Infringement Litigation

    “One thing that I find curious is that Cloudflare claims to have 150 patent assets on the same type of technology,” Verlander said. Such assets include U.S. Patent No. 9342620, titled Loading of Web Resources, and U.S. Patent No. 9369437, entitled Internet-Based Proxy Method to Modify Internet Responses. “It seems ... Read More
    Source: IP Watch DogPublished on 2018-02-24By Steve Brachmann
  • Why Patent Contingency Litigation is Declining?

    Contingency representation is monetarily feasible for attorneys and law firms if and only if there is a high likelihood of success. Even in the best case scenario attorneys will sometimes make bad judgment calls when taking a contingency case, but when the underlying asset is under attack — as patents ... Read More
    Source: IP Watch DogPublished on 2018-02-24By Amanda G. Ciccatelli
  • BLOG: Win a free delegate place at IPBC Global by taking part in the IAM benchmarking survey

    Responses have been flowing in since the 2018 IAM benchmarking survey was launched two weeks ago. If you haven’t done so already, try to find 15 minutes to have your say on the critical issues and trends currently affecting the global IP market in areas such as transactions, patent quality, ... Read More
    Source: iamPublished on 2018-02-24
  • PatCon 8 Conference in San Diego Next Week

    By Jason Rantanen Next week is PatCon, the largest annual gathering of patent law, economics, and business professors. This year’s conference takes place at University of San Diego on Friday & Saturday, March 2-3, and features Joe Matal, Carter Phillips, Patent Pilot Program judges, PTO economists, prominent local attorneys, and ... Read More
    Source: Patently-OPublished on 2018-02-23By Jason Rantanen
  • BLOG: InterDigital sees revenue boosted by LG deal and forecasts big benefits from new US tax law

    InterDigital announced its 2017 financials yesterday and while they didn’t match last year’s blockbuster performance, the company still saw total income of a little over $530 million. Although that was down from $665.9 million in 2016, its licensing agreement with LG Electronics signed in December helped boost recurring revenues for ... Read More
    Source: iamPublished on 2018-02-23
  • Patent Agent Privilege in Texas

    In an important new decision, the Texas Supreme Court has recognized “patent-agent privilege” as a form of attorney-client privilege.  The court writes: [B]ecause patent agents are authorized to practice law before the USPTO, they fall within [Texas Rules of Evidence] Rule 503’s definition of “lawyer,” and, as such, their clients ... Read More
    Source: Patently-OPublished on 2018-02-23By Dennis Crouch
  • Ulbricht v. U.S.: Privacy Interest in your Home Router Traffic

    by Dennis Crouch Important petition for writ of certiorari outside of patent law, but still well within the technology law sphere: Ulbricht v. U.S., Supreme Court Docket No. 17-950, questions presented: Whether the warrantless seizure of an individual’s Internet traffic information without probable cause violates the Fourth Amendment. Whether the ... Read More
    Source: Patently-OPublished on 2018-02-23By Dennis Crouch
  • How Patent Owners Can Disqualify Prior Art References Relied Upon by Petitioner for Unpatentability

    To request cancellation of one or more claims of a patent in an inter partes review (IPR), a petitioner must challenge the claim on the basis that the claim is unpatentable under 35 U.S.C §102 or 103, in view of prior art patents or printed publications. 35 U.S.C. § 311(b). ... Read More
    Source: IP Watch DogPublished on 2018-02-23By Joshua Javitz
  • BLOG: Drug pricing white paper allays pharma patent fears, but innovators should remain vigilant

    A recent report from the US president’s executive office on reducing drug prices makes reassuring reading for innovators concerned about the future of pharmaceutical patents under the Trump administration. In contrast to comments previously made by the president and his new health secretary Alex Azar, the paper robustly defends innovators’ ... Read More
    Source: iamPublished on 2018-02-23
  • Examining CAFC Application of §271(g)(1)’s ‘Materially Changed’ Exception to Infringement Liability

    35 U.S.C. § 271(g) was enacted in 1988 as part of the Process Patents Amendments Act to address instances where would-be infringers were avoiding infringement liability by using a process, patented in the U.S., outside of the country and then importing the product of the patented process into the U.S. ... Read More
    Source: IP Watch DogPublished on 2018-02-23By Theodore Chiacchio
  • Factual Allegations on Inventive Concept Preclude Dismissal of Complaint Under § 101

    In Atrix Software v. Green Shades Software, Aatrix sued Green Shades for infringement, and Green Shades moved to dismiss. The district court granted the motion, holding: (1) claim 1 of the ‘615 patent was not directed to any tangible embodiment and was not patent-eligible subject matter under § 101; and ... Read More
    Source: IP Watch DogPublished on 2018-02-23By Joseph Robinson
  • BLOG: How Samsung and Huawei have fared in 42 Chinese patent cases against each other so far

    The patent and FRAND dispute between Huawei and Samsung is taking place in both the United States and China. But the speed of the judicial machinery in the latter has made Huawei’s home turf more immediately relevant. That has the Korean company worried – as this blog reported earlier in ... Read More
    Source: iamPublished on 2018-02-23
  • Motions to Amend at the PTAB — Does Anyone Have the Burden (And Will That Change)?

    By Andrew Williams -- Last year, the Federal Circuit decided the Aqua Products, Inc. v. Matal case en banc in what could be considered the epitome of a fractured decision. After 148 pages and five separate opinions, the only agreed-to result could be summed up in two conclusions: (1) that ... Read More
    Source: Patent DocsPublished on 2018-02-23By Patent Docs
  • Patent Eligibility: Handling Disputed Issues of Material Fact

    Following the Federal Circuit’s decisions in Berkheimer, AATRIX, and ATS, the role of evidence and factual conclusions in the eligibility analysis is in a somewhat confused state. That setup makes Cleveland Clinic’s recent petition for writ of certiorari quite timely. Cleveland Clinic Foundation v. True Health Diagnostics LLC, Supreme Court ... Read More
    Source: Patently-OPublished on 2018-02-23By Dennis Crouch
  • BLOG: RPX says it is evaluating “strategic alternatives” and forecasts sharp decline in business

    Yesterday, defensive patent aggregator RPX announced its fourth quarter and full financial year 2017 results, and revealed what readers of this blog have known for several weeks: a “for sale” sign has been erected by the firm - or, as the company put it in a press release: “The Board ... Read More
    Source: iamPublished on 2018-02-22
  • Eligibility: A Factual Dispute Requires Alleged Facts

    The recent non-precedential opinion of Automated Tracking Solutions v. Coca Cola provides something of a backstop to AATRIX and Berkheimer.   The ATS panel includes Judges Moore and Stoll – the two leading judges pushing for more formality in considering factual conclusions underlying an eligibility decision.  In ATS, however, the panel ... Read More
    Source: Patently-OPublished on 2018-02-22By Dennis Crouch
  • More Advocates Challenge the Requirement of a Patent Agent Examination to Practice before the Patent Office

    Image from here Since I wrote about Sanjay Gandhi’s recent petition before the Madras High Court where he sued the Controller General of Patents on the issue of advocates requiring to take the patent agent examination, I have received information regarding two more petitions on similar points before the Madras ... Read More
    Source: Spicy IPPublished on 2018-02-22By Prashant Reddy
  • Apply Evidence-based Approach to Antitrust Law Equally to Innovators and Implementers

    As judges, former judges and government officials, legal academics and economists who are experts in antitrust and intellectual property law, we write to express our support for your recent announcement that the Antitrust Division of the Department of Justice will adopt an evidence-based approach in applying antitrust law equally to ... Read More
    Source: IP Watch DogPublished on 2018-02-22By Judge Douglas Ginsburg
  • BLOG: An exclusive look at Uber’s patent position as purchases ramp up and Waymo dispute settles

    At one point the world’s most valuable start-up, Uber has made a concerted drive – especially in the last two years – to expand its patent portfolio as it eyes a 2019 target for going public. Against this backdrop, as well as news of its recent settlement with Waymo, IAM ... Read More
    Source: iamPublished on 2018-02-22
  • NL – Celltrion v. Biogen

    Celltrion Inc. v. Biogen Inc., Dirstrict Court The Hague, 21 February 2018 Biogen holds EP 2055313  that relates to a ‘Treatment of hematologic malignancies associated with circulating tumor cells using chimeric anti-CD20 antibody’. Celltrion instigated invalidity proceedings based on lack of inventive step. Taking McLaughlin as starting point, the Court assesses ... Read More
    Source: EPLAW Patent BlogPublished on 2018-02-22By Annette Hirschfeld
  • BLOG: Hitachi chip unit embarks on first patent battle as buyout firm prepares to take the reins

    Hitachi sells semiconductor business in deal that includes thousands of patents New owners inherit a major US patent dispute with ASM International Litigation may provide opportuity to demonstrate value creation potential in patent assets A semiconductor manufacturing equipment unit is set to become the latest onetime Hitachi subsidiary to be spun as the ... Read More
    Source: iamPublished on 2018-02-22
  • USPTO News Briefs

    By Donald Zuhn –- USPTO and EAPO Establish PPH Pilot Program In a notice issued in the Official Gazette (1446 OG 52) last month, the U.S. Patent and Trademark Office announced that it was implementing a Patent Prosecution Highway (PPH) pilot program with the Eurasian Patent Office of the Eurasian ... Read More
    Source: Patent DocsPublished on 2018-02-22By Patent Docs
  • German complaint against Unified Patent Court Agreement on FCC decision list for 2018

    Kluwer Patent bloggerThe German constitutional complaint against ratification of the Unified Patent Court Agreement is on the list of cases to be decided by the Bundesverfassungsgericht, the Federal Constitutional Court of Germany this year. A preview of the cases was published today here (in German). The rapporteur for the case ... Read More
    Source: Kluwer Patent BlogPublished on 2018-02-22
  • Why is the Trump DOJ arguing patents are a public right?

    It is no surprise to anyone that patent rights in the United States suffered enormously under the two terms served in the White House by President Barack Obama. That the Obama White House was uncomfortably close with Google is widely known, and Google has been the face and driving force ... Read More
    Source: IP Watch DogPublished on 2018-02-21By Gene Quinn
  • Science Fiction Law — Still Reeling: Minority Report, Sixteen Years Later

    Michigan Law Professor Nicholson Price is teaching an interesting seminar this semester merging science fiction and legal analysis.  We agreed that his students should write blog posts and that I would publish the most worthy on Patently-O.  The first post comes from Lauren Kimmel and is focused on stopping future crimes. – ... Read More
    Source: Patently-OPublished on 2018-02-21By Dennis Crouch
  • More on Prosecution Disclaimer

    By Dennis Crouch Arendi v. Google (Fed. Cir. 2018) In its petition for inter partes review (IPR), Google argued the obviousness of all 79 claims of Arendi’s of U.S. Patent No. 6,323,853. The PTAB granted the petition (acting on behalf of the PTO Director) and issued a final decision cancelling ... Read More
    Source: Patently-OPublished on 2018-02-21By Dennis Crouch