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Intellectual Property Law Blog
FEBRUARY 28, 2022
In its recent decision in Caltech v. Broadcom Limited, et al , [1] the Federal Circuit expanded the scope of Inter Partes Review (“IPR”) estoppel “to all claims and grounds… which reasonably could have been included in [an IPR] petition.” emphasis added).
Intellectual Property Law Blog
MARCH 9, 2022
In Nippon Shinyaku v.
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Intellectual Property Law Blog
JANUARY 24, 2022
Introduction. On January 6, 2022, the U.S. Patent and Trademark Office (USPTO) announced a Deferred Subject Matter Eligibility Response Pilot Program (the “DSMER Program”). We provide a brief overview of this program.
Intellectual Property Law Blog
NOVEMBER 22, 2021
Introduction. Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices.
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Intellectual Property Law Blog
DECEMBER 20, 2021
Introduction. This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. The first article can be accessed here.
Intellectual Property Law Blog
OCTOBER 8, 2021
This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021.
Intellectual Property Law Blog
SEPTEMBER 1, 2021
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Two of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.
Intellectual Property Law Blog
SEPTEMBER 8, 2021
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part Three of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.
Intellectual Property Law Blog
MAY 11, 2021
On Wednesday, May 7, 2021, the United States officially endorsed waiving intellectual property protections for COVID-19 vaccines.
Intellectual Property Law Blog
SEPTEMBER 20, 2021
At least three different types of marketplaces facilitate the sale and/or resale of NFTs. These include open marketplaces, curated marketplaces and proprietary marketplaces. Other variations do exist, however, and it is likely that other alternatives will be developed.
Intellectual Property Law Blog
AUGUST 30, 2021
In recent years, AI patent activity has exponentially increased. The figure below shows the volume of public AI patent applications categorized by AI component in the U.S. from 1990-2018. The eight AI components in FIG. 1 are defined in an article published in 2020 by the USPTO.
Intellectual Property Law Blog
AUGUST 25, 2021
Note: First published in The Intellectual Property Strategist and Law.com. This article is Part One of a Three-Part Article Series. Artificial intelligence is changing industry and society, and metrics at the US Patent and Trademark Office (USPTO) reflect its impact.
Intellectual Property Law Blog
JUNE 9, 2021
The harm caused to brands by counterfeiting goes far beyond loss of sales or profits. Fake goods jeopardize public health and safety when a brand’s trademark is applied to a sub-standard and potentially harmful product.
Intellectual Property Law Blog
MARCH 2, 2021
December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement.
Intellectual Property Law Blog
FEBRUARY 25, 2021
As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these concepts.
Intellectual Property Law Blog
APRIL 5, 2021
This article originally appeared in The Intellectual Property Strategist. 2021 ALM Media LLC. Reprinted with permission. Companies have historically turned to patent pools as vehicles for achieving shared objectives. A patent pool can be formed when a group of patent holders agree to pool their patents for some purpose. For instance, members of a patent pool may agree to pool and license their patent rights to a third party in exchange for fees or royalties.
Intellectual Property Law Blog
MARCH 29, 2021
The Situation. Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology often equate smart contracts with legal or commercial contracts stored on blockchains.
Intellectual Property Law Blog
MARCH 25, 2021
Many things are being tokenized, but the growth of NFTs for digital art is booming. This, in part, is due to the recent headline news that Beeple’s iconic digital art work was sold at auction by Christie’s for $69 million. Other digital art is being created to leverage pre-exiting IP and physical art. This boom is creating great opportunities for IP owners who want to license their IP for use in NFTs.
Intellectual Property Law Blog
MARCH 25, 2021
Everything is being tokenized these days, including art, games, collectibles and much more. The record prices being fetched have created an NFT frenzy. This distribution model has created a new channel for monetization of creative IP. Given some of the unique aspects of NFTs, IP owners need to rethink their IP protection and licensing strategies. IP protection strategies should include specific protection relating to NFTs.
Intellectual Property Law Blog
MARCH 15, 2021
On February 10, 2021, the Federal Circuit in Infinity Computer Products, Inc. Oki Data Americas, Inc. , 20-1189 (Fed. 2021) affirmed a decision by the U.S. District Court of Delaware that patent claims were invalid for indefiniteness based on conflicting positions taken by the patentee during prosecution. Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention.
Intellectual Property Law Blog
MARCH 3, 2021
Blockchain patent applications may be divided into two types: underlying technologies of blockchain, such as consensus methods, security, etc., and applications of blockchain in, e.g., fintech, legal, and other industries. In patent examination, the first type, because it recites underlying technology improvement, rarely elicits subject matter rejections. The second type, applications of blockchain, are often found to be directed to an abstract idea.
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