Common Sense Prevails -
B/E Aerospace, Inc. appealed a final written decision of the Patent Trial and Appeal Board (PTAB) that found certain claims of B/E's aircraft lavatory-related patents obvious.
B/E contended that...more
What is a Printed Publication for Prior Art Purposes? -
Patent owner Acceleration Bay, LLC ("Acceleration") appealed the final written decisions of the Patent Trial and Appeal Board holding unpatentable claims of U.S....more
Nobel Biocare Services AG appealed from the decision of the U.S. Patent and Trademark Office's Patent Trial and Appeal Board in an inter partes review (IPR) holding claims 1–5 and 19 of U.S. Patent No. 8,714,977 invalid based...more
Shapes and Shading of Graphical User Interface Not Enough to Uphold Validity -
In a nonprecedential decision, the Federal Circuit found all challenged claims directed to a graphical user interface of a U.S. Patent obvious...more
Plaintiff Image Processing Technologies, LLC ("IPT") filed suit against Samsung in the U.S. District Court for the Eastern District of Texas (Marshall Division), alleging infringement of three patents, including U.S. Patent...more
Method for Processing Images from 3D Camera System Found Invalid under 35 U.S.C. § 101 -
It is well-known law today that under 35 U.S.C. § 101, a patent claim that recites a solution to a problem but not the means of...more
Acting as Lexicographers Saves Patent from Being Found Invalid -
In a recent Federal Circuit decision, the Court highlighted an old rule in that the inventors may act as their own lexicographers to create a claim term and...more
Patent Directed to System for Remote Mirroring of Digital Data Found Invalid under Section 101 -
Intellectual Ventures brought a patent-infringement suit against Symantec Corpo. and Veritas Technologies asserting that...more
Federal Circuit Finds That USPTO Board Interpreted CBM Statute Too Broadly -
In an appeal of a Covered Business Method (CBM) patent review, the Federal Circuit overturned a decision by the U.S. Patent and Trademark...more
USPTO's Conclusion of Obviousness Rendered Primary Reference Unsatisfactory for Intended Purpose -
In a nonprecedential opinion, the Federal Circuit vacated a decision by the Board and remanded the case on appeal from...more
Intellectual Ventures I LLC ("IV") sued Symantec Corp. and Trend Micro (defendants) for infringement of various claims of three U.S. Patents (Nos. 6,460,050; 6,073,142; and 5,987,610). The District Court held the asserted...more
10/5/2016
/ Abstract Ideas ,
Alice Corporation ,
Bascom Global v AT&T Mobility ,
Enfish v Microsoft ,
First Amendment ,
Free Speech ,
Inventive Concept Test ,
Patent Infringement ,
Patent Ownership ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
Software Patents ,
Symantec
HP Inc. and SAP America, Inc. filed a Petition seeking a covered business method (CBM) patent review of claims 15 and 20–34 of U.S. Patent No. 6,343,275 owned by Big Baboon, Inc. The PTAB, however, determined that the...more
7/21/2016
/ Administrative Patent Judges ,
Covered Business Method Patents ,
Covered Business Method Proceedings ,
Estoppel ,
Obviousness ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
Software Patents
Pre-AIA and Post-AIA Issues Presented by the On-Sale Bar -
The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The...more
6/7/2016
/ aBLA ,
Amended Regulation ,
America Invents Act ,
Amgen ,
Apotex ,
Appeals ,
Biosimilars ,
BPCIA ,
Commercial Marketing ,
Community Trademark ,
Declaratory Judgments ,
EU ,
Filing Fees ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Inventions ,
Notice Requirements ,
On-Sale Bar ,
Patent Dance ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Popular ,
Preliminary Injunctions ,
Prior Art ,
Public Use ,
Renewal Fees ,
Sandoz ,
Sandoz v Amgen ,
Trademark Registration ,
Uniform Commercial Code (UCC) ,
USPTO
The “on-sale” bar to patentability refers to a sale or offer for sale of an invention that can invalidate the patent for that invention. The America-Invents-Act (AIA), which altered the language in the statutes that apply to...more
Thomas Steed, Sourav Bhattacharya, and Sandeep Seshadrijois (collectively "Steed") filed a patent application entitled "Web-Integrated On-Line Financial Database System and Method for Debt Recovery," on April 6, 2004, with...more
10/6/2015
/ Due Diligence ,
Due Process ,
Evidence ,
Inventors ,
Obviousness ,
Patent Applications ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Pro Se Litigants ,
Reduction to Practice ,
USPTO ,
Waivers
Traditional patent law holds that a patentee of a patent that survives reexamination is only entitled to infringement damages for the time period between the date of issuance of the original claims and the date of issuance of...more
9/22/2015
/ Claim Construction ,
Damages ,
Ex Partes Reexamination ,
Patent Amendments ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Prior Art ,
Qualcomm ,
Scope of the Claim ,
USPTO
In This Issue:
- Prior Art Redefined Under the AIA
- PTAB Holds a Firm Line on Additional Discovery
- The Art of Prior Art Searching
- Anticipating a Federal Trade Secret Law
- Trademark...more
11/26/2014
/ Additional Discovery ,
America Invents Act ,
Covered Business Method Proceedings ,
Inter Partes Review (IPR) Proceeding ,
Patent Trial and Appeal Board ,
Patentability Search ,
Patents ,
Prior Art ,
SCOTUS ,
Trade Secrets ,
USPTO
Prior to filing a patent application at the United States Patent and Trademark Office (“USPTO”), an applicant seeking patent protection for an invention should consider conducting a prior art search. Also known as a...more
Patent claim drafting is a challenging exercise that requires balancing potential infringement of the claim against the prior art. A patent practitioner may easily draft a claim of very narrow scope, but if such claim has a...more