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By JD Supra Business Advisor | JD Supra's weekly magazine of advisories and updates on patent reform and related intellectual property matters. IP therefore I am?

Apple Turnover Trade Dress Totally Flipped

As if we all haven’t already indulged a little too much over the holidays, we chose our first day back to write about non-traditional trademark …

Judge Derides the “Pencil-and-Paper Analysis” for Software Patents, Finds Error-Correction Claims Valid

On November 3, 2014, Judge Mariana Pfaelzer issued an order in California Inst. of Tech. v. Hughes Commc’ns Inc., No. 2:13-CV-07245-MRP, 2014 WL …

Software Patents

The Transformative Nature of The Fair Use Doctrine: The On-going Debate

While the 7th Circuit, in Kienitz v. Sconnie Nation LLC, 766 F.3d 756 (2014), affirmed a finding of fair use, the court’s analysis expresses …

Doctrine

Supreme Court Leads the Way in Patent Litigation Reform

On June 2, the United States Supreme Court issued a pair of unanimous decisions in closely watched patent cases, both of which will make it harder to …

Law

Rumors of the Patent Troll’s Death Have Been Greatly Exaggerated

The Supreme Court’s recent decision in Octane Fitness v. ICON has been hailed by patent reform advocates and some commentators as a death blow to …

Patents

Proposed Legislation Seeks to Limit Patent Trolls’ Access to ITC Investigations

On Thursday, May 29, 2014, U.S. Congressmen Blake Farenthold (R-TX) and Tony Cárdenas (D-CA) introduced legislation aimed at reducing the ability of …

Patents

A Brief History of the Patent Law of the United States

Public perception of the patent system has swung widely over the years from highs, such as those in the late nineteenth century when Mark Twain could …

Patents

“Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us

Both Congress and the White House have been actively pursuing patent litigation reform in an attempt to combat the perceived “patent troll” problem. …

Patents

Inventors Take Note: Supreme Court to Decide How Ambiguous is Too Ambiguous for Patents

The first time you laid eyes on a patent claim, your reaction was probably something like “what the heck does that mean?” Your second reaction was …

Patents

U.S. Supreme Court Eases Rules for Attorneys’ Fees Awards in Patent Cases

In two cases decided yesterday, the U.S. Supreme Court made it easier for trial judges to award attorneys’ fees to prevailing parties in federal …

Patent Trolls Beware: Supreme Court Strikes Down Federal Circuit in Twin Rulings on Attorney Fee Awards in Patent Litigation

On April 29, 2014, the U.S. Supreme Court announced its highly anticipated decisions in a pair of cases governing the award of attorney fees in …

Patents

NC Begins Work On Patent Troll Bill

Recently, a joint legislative committee sent a report to the North Carolina General Assembly that recommended passing an anti-troll bill during the …

North Carolina

What’s the best way to improve the odds in patent troll litigation?

One can hardly talk about the patent law or patent litigation anymore without addressing the issue of patent assertion entities (PAEs). PAEs develop …

Patents

Senate Judiciary Committee Takes Up, Then Tables, Patent Reform

Earlier today, the Senate Committee on the Judiciary held an Executive Business Meeting in which the Patent Transparency and Improvements Act was …

Patents

Down the rabbit hole: Alice case chases the elusive white rabbit of patent reform

Patent trolls — non-practicing entities best known for threatening expensive patent litigation in order to collect licensing fees from accused …

Patents

Patent troll roll call: The threatening letter-writer

Patent trolls, non-practicing entities, patent monetization companies, or patent assertion entities: regardless of what they are called, in this …

Patents

Ninth Circuit Makes Bad Copyright Law from Bad Facts

In a decision that is already being criticized as “horrific” and “judicial activism,” the Ninth Circuit created copyright protection for an acting …

Copyright

Forward-Publishing Patents: A Way to Tell Competitors "Stay Out"?

Will forward-publishing your patent help or hurt you in the long run? Sonos’ announcement this week that they will forward-publish patent …

Patents

A Rebuttal to The Economist's "Stalking Trolls"

On March 8th, The Economist published an article deriding both so-called "patent trolls" and "software patents" as being impediments to innovation in …

Law

Sonos Forward-Publishes Patents: Strategic Upside, Limited Downside

[Electronics and audio company Sonos recently announced it will 'forward-publish' its patents to inspire others to 'create differentiated product.' We

Patents

Will 'Forward-Publishing' Make The Patent System a More Relevant R&D Tool?

[Electronics and audio company Sonos recently announced it will be 'forward-publishing' its patents to inspire others to 'create differentiated

Law

Joint Inventorship in Patents Can Present Problems

Once an invention has been developed and a corresponding patent application is written, determining an inventorship list for the application might …

Patents

Utah Judge Denies Myriad's Preliminary Injunction Motion

In a 106-page opinion, U.S. District Court Judge Robert J. Shelby on Monday denied Myriad Genetics motion for preliminary injunction in Myriad

Preliminary Injunction

Forward-Publishing Your Patents? Best and Worst Case Scenarios...

[Electronics and audio company Sonos recently announced it will be 'forward-publishing' its patents to inspire others to 'create differentiated

Patents

Do Pharmaceutical Compositions Have Patent Subject Matter Eligibility Under the New USPTO Guidelines?

The USPTO’s new patent subject matter eligibility guidelines (the “Guidelines”) include examples that apply the multi-factored analysis mandated by …

Patents

Patent Litigation and the Proposed Innovation Act of 2013

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be …

Patents

USPTO Guidance for Examiners Takes Expansive View of Myriad and Prometheus Decisions

On March 4, 2014, the U.S. Patent and Trademark Office (“USPTO”) issued a memorandum to the Patent Examining Corps with guidance for determining the …

USPTO

Trio of Final Written Decisions Go Against Patent Owner

Early results of Inter Partes Review proceedings continue to favor Petitioners as all challenged claims in a threesome of Columbia University patents …

Patents

The USPTO Announces New Guidelines for Determining Subject Matter Eligibility Under 35 U.S.C. §101 in View of Myriad, Prometheus and Chakrabarty

March 10, 2014 – On March 4, 2014, the United States Patent & Trademark Office issued guidelines for the examination of “all claims (i.e., machine, …

Prometheus