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After their initial shock, lawmakers are fighting back against pharmaceutical company Allergan’s novel plan to protect the validity of its patents by bypassing the Patent Trial and Appeal Board’s (“PTAB”) scrutiny. In September, Allergan transferred the rights to six key patents on the dry-eye drug... read more
This is a reprise of a popular blog post published some years ago.The EFF has released a Legal Guide for Bloggers. Included in this guide are sections on defamation, reporter's privilege, public records, and workplace blogging. But, the best section, in my mind, was Bloggers' FAQ: Intellectual... read more
Derivations came on the patent scene via the Leahy-Smith America Invents Act (AIA) that was passed by Congress and signed into Law by President Obama on September 16, 2011.1 The derivations portion of the AIA applies to patents and applications with an effective filing date on or after 03/16/2013.... read more
On July 14, 2016, the USPTO issued a Memorandum in response to two recent Supreme Court and Federal Circuit rulings in subject matter eligibility cases under 35 U.S.C. § 101 concerning life science method claims—Rapid Litigation Management v. CellzDirectand Sequenom v. Ariosa.In Rapid Litigation... read more
It has been more than three years since the America Invents Act (“AIA”) went into effect. By this time, you are likely familiar with what constitutes patent-defeating events, or “prior art,” under 35 U.S.C. § 102. Section 102(a) has two distinct parts: § 102(a)(1) contains the “public” events, such... read more
On May 24, 2016, the USPTO issued Patent No. 9,351,102 to Apple Inc. entitled “Accessing a Vehicle Using Portable Devices.” The ‘102 patent discloses the use of a “smart” device, such as an iPhone or Apple Watch, to operate a vehicle. More than just another “keyless” car alternative, the ‘102... read more
The USPTO has issued another memorandum dated May 19, 2016, regarding 35 U.S.C. § 101 subject matter eligibility for patents. The new memo discusses the recent Federal Circuit decisions Enfish, LLC v. Microsoft Corp. and TLI Communications LLC v. A.V. Automotive, LLC. This follows the USPTO’s... read more
Today the USPTO announced that the Patent Trial and Appeal Board (PTAB) designated five more post-grant proceeding decisions as precedential. This brings the total number to eight. The five new decisions are as follows (with descriptions provided by the USPTO):- Garmin Int’l v. Cuozzo Speed... read more
Today, during the USPTO Patent Public Advisory Committee Quarterly Meeting, the USPTO announced that a new Subject Matter Eligibility Update is being published in the Federal Register on May 6. A pre-publication version is available in the Federal Register Reading Room today. In the update,... read more
In a recent Memorandum Opinion issued in Treehouse Avatar LLC v. Valve Corp., Civ. No. 15-427-SLR (D. Del. Mar. 22, 2016), Judge Robinson of the United States District Court for the District of Delaware denied a 12b(6) motion, holding that the asserted claims addressing the problem of “network site... read more
The “Taco Tuesday” battle exploded on Twitter, blogs, NewsOK, Fox 25 News, and even Facebook.  Taco John’s owns U.S. Trademark Registration No. 1,572,589 for the mark TACO TUESDAY (seen below).  It appears that Taco John’s attorneys sent the Oklahoma City based Iguana Mexican Grill a... read more
Well – it appears that Richard Phillips has been so humiliated by his “infamous” ketchup stain that he has resigned from his position for a “long planned” study break. I see this as a win for the legal profession – instead of being rewarded, Mr. Phillips’... read more
business2blog: Here Comes Technology's Fifth Wave Random Thoughts from a CTO: The Leadership Paradox “An interesting phenomenon has happened as I progress down this road of life as a manager, my role has changed significantly from when I first started. In the beginning, I felt that as a... read more
Patent Reform: Redlined Version of Patent Statute (created by Shashank Upadhye and Dennis Crouch) You can download the redline here. Yoda Origami (pdf) - impress your Star Wars crazed friends with paper.           read more
Microsoft announces Windows Mobile Direct Push Technology - Engadget - www.engadget.com read more