Federal Circuit Guidance on Trademark Webpage Specimens

May, 7th, 2019

By Walter B. Welsh A webpage qualifies as use in commerce if it is a point-of-sale. A recent precedential decision, In re Siny Corp., provides guidance on what constitutes a point-of-sale. This article discusses that [Read More…]

Stop Infringers At The Border

April, 18th, 2019

By Christopher J. Stankus Section 337 Investigations at the International Trade Commission (“ITC”) can be a vital weapon for patent owners to protect their U.S. intellectual property against infringing imports. Section 337 Investigations are resolved [Read More…]

Claiming Software Patents in 2019

April, 4th, 2019

By Andrew P Siuta Rapid innovation makes it difficult to create a computer technology system that is not obsolete 20 years from its conception. However, with proper drafting techniques a patent attorney can write a [Read More…]

TC Heartland: The End of Patent Venue as We Know It (But Patent Owners are Doing Fine)

April, 2nd, 2019

By Benjamin N. Luehrs Odds are, if you work at all in the patent space, you’ve heard a bit about the Supreme Court’s 2017 decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, [Read More…]

Hoping 2019 Brings Clarity to Patentable Subject Matter

January, 2nd, 2019

By Christopher J. Stankus We find ourselves reflecting on 2018’s patent law developments as we welcome the New Year. One notable advancement is the USPTO’s efforts to aid examiners and clarify the law on Section [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…]

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…]

Real Parties at the PTAB – Don’t Leave Anyone Off the Guest List

October, 9th, 2018

By Benjamin N. Luehrs In a recent decision, the Federal Circuit Court of Appeals (“the CAFC”) reinvigorated the definition of “real party in interest” (hereinafter “RPI”) as found in the Patent Act, 35 U.S.C. §§  [Read More…]

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