In a decision handed down several days ago, the Federal Circuit ruled in Dome Patent L.P. v. Lee, No. 2014-1673, 2015 U.S. App. LEXIS 15674 (Fed. Cir. Sep. 3, 2015) that the “preponderance of the evidence” standard still applies in U.S. Patent and Trademark Office (“PTO”) ex parte reexamination... read more
A few years ago, there seemed to be a consistent approach to personal jurisdiction in Hatch-Waxman cases.  Generic drug manufacturers typically file new drug applications throughout the country and district courts would assert general jurisdiction over them because there was no “real” act of... read more
Did you know that July is National Ice Cream month?   To celebrate I decided that a perfect blog post is a discussion about ice cream and intellectual property litigation.  So, this post is dedicated to “ice cream, you scream, we all scream for ice cream!”   There have... read more
Trade secrets litigation isn’t discussed as often as patent, trademark, and copyright litigation, but it is important to stay abreast of, nevertheless.  At the moment, unlike the other three areas mentioned above, there is no federal statutory scheme for trade secrets. However, 48 states (all... read more
On this one year anniversary of the Supreme Court’s decision in Alice Corp., much of the Section 101 jurisprudence still remains a little jumbled, which gave us at Dunlap Codding, an idea: What would Alice and its progeny look like as word jumbles?The above word jumble depicts the most frequently... read more
     The number of patent infringement lawsuits increased by 22 percent during 2011 compared with the year before, reaching the highest level ever recorded, according to a report by PricewaterhouseCoopers.     The increase was due in part to the America Invents Act (“... read more
As reported by Gamezone on January 4, a new rumor has surfaced about the development of the next generation Xbox, or Xbox 720 – a clever twist on the current Xbox 360 title, due to a patent recently granted to Microsoft.  United States Patent No. 8,083,593 was issued on December 27, 2011, and... read more
In what appears to to be the first dismissal of a declaratory judgment action post the Supreme Court’s decision in MedImmune, a court in Minneapolis dismissed two counts seeking declaratory judgment of non-infringement and invalidity (Case 08–cv-00816). According to the ruling: “However, although... read more
It is getting very "springy" here in Oklahoma and folks are getting a bit goofy - so, I guess it should come as no surprise that we have been chuckling about this snippet from my RSS reader tonight... If you were wondering what this is about - have a read over at Politico for the full angst,... read more
A couple of months ago I came across Mike Dillon’s blog – The Legal Thing – covering all things legal from the perspective of General Counsel at Sun.  As GC for Sun, Mike’s daily routine must entail a significant amount of attention to... read more
Check out this statement from an article that I read today:    Now, as if you needed more proof that we live in a time in which stuffy lawyers don't dig the digital age, take a look at this: It looks like toy-makers Hasbro and Mattel have sent their legal goons to Facebook and... read more
Morningstar reports that four individuals have sued Secretary of Commerce Carlos M. Gutierrez for appointing an allegedly unqualified Deputy Director of the USPTO, Margaret Peterlin.  But really, incompetence in government, where’s the beef? Well, as amended in 1999, 35 U.... read more
Via IAM Blog (worth adding to the aggregator for IP types): Speaking today at the second plenary session of the CIP Forum in Gothenburg, Sweden, Randall Rader, a judge who sits on the CAFC in Washington DC, revealed that he believed the recent KSR v Teleflex decision handed down by the Supreme... read more
Over the Memorial Day weekend my husband and I went to Austin, Texas to visit his family and low and behold while we were there visions of intellectual property danced in my head.  Other than being the home of the University of Texas Longhorns (a huge rival of my alma matter, the University... read more
The waiting is finally over, or is it.  It seems that the Supreme Court’s opinion in KSR v. Teleflex has left patent attorneys, litigators, and holders asking more and more questions about the obviousness standard.  Until the dust settles, I suggest heading over to The Legal... read more