Apples Are The New Jingle Bells

December, 5th, 2018

By Christina L. Winsor We’re entering into the season of hope and forgiveness.  But is that the reason Apple and Amazon have decided to put their years of feuding aside and come together… just in [Read More…]

Video Gaming: Patent Law’s 12-Figure Secret

November, 27th, 2018

By Andrew P. Siuta   Consumers are estimated to spend over $135 billion dollars on video games in 2018.  Over half of this 12-figure industry is expected to be spent on mobile gaming.  This is [Read More…]

Case Dismissed: How Pleading May Affect 101 Analysis

November, 20th, 2018

By Stephen F.W. Ball, Jr. Motions to dismiss, also called 12(b)(6) motions, have been used to eviscerate patent rights on the basis that a patent is allegedly directed to an “abstract concept” and thus lacks [Read More…]

Supreme Court Petition Highlights Split at Federal Circuit Concerning Role of the Specification in Claim Construction

November, 15th, 2018

By Patrick D. Duplessis In a petition filed this month with the U.S. Supreme Court, patent owner Cave Consulting Group (CCGroup) draws attention to a persistent split at the Federal Circuit concerning foundational claim construction [Read More…]

“OMG. How’d They Get a Patent on a Thing Like That?” (Part 1 of 2)

November, 13th, 2018

By Wesley W. Whitmyer, Jr. I have been asked this question hundreds of times. You can probably guess that the person doing the asking has just been accused of patent infringement. What you probably can’t guess [Read More…]

Things Crisp Up in the CRISPR-Cas9 Case

October, 30th, 2018

By Mackenzie L. Long In a recent decision, the Federal Circuit Court of Appeals (“CAFC”) handed a win for one CRISPR researcher and a loss for a rival. CRISPR stands for Clustered Regularly Interspaced Short [Read More…]

Can On-Sale Bar Apply to “Secret Sales”?

October, 24th, 2018

By William L. Birks III Palensetron U.S. 8,598,2019 (Col. 3, Lines 53-65)   35 U.S.C. 102 states “A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed [Read More…]

Out with BRI and In with Phillips: USPTO Adopts Federal Circuit’s Claim Construction Standard for PTAB Proceedings

October, 18th, 2018

By Victor Lin On October 11, 2018, the USPTO officially changed the claim construction standard used by the Patent and Trial and Appeal Board (PTAB) for interpreting claims in post-grant patentability challenges.  The PTAB will [Read More…]

Hold the Donuts: The DUNKIN Trademark Without the Donuts

October, 16th, 2018

By Lauren C. Matturri When Dunkin Donuts announced in September that it would be dropping the “Donuts” from its name, there was a lot of buzz about this new change.  This buzz mostly addressed the [Read More…]

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