Conventional Patent Wisdom Revisited
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The time is upon us when young patent professionals, many of them fresh out of law school (or out of engineering school) begin their professional lives as patent prosecutors. These…
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Other Barks & Bites for Friday, July 17: CAFC Says Invalidity Challenge Can’t Rescind ITC Exclusion Order, 83% of PTAB Motions to Amend in Pilot Program Seek Board Guidance
This week in Other Barks & Bites: the Federal Circuit holds that obviousness and anticipation invalidity contentions are not “changed conditions” for rescinding an exclusion order entered by the International…
Read More Federal Circuit Affirms District Court’s Eligibility Analysis, Reyna Dissents
On July 14, the United States Court of Appeals for the Federal Circuit, with Judge Lourie writing for the majority, affirmed-in-part and vacated-in-part a decision of the United States District…
Read More Financial Incentive Structure for AIA Trials Destroys Due Process at PTAB, New Vision Gaming Argues
On June 30, New Vision Gaming & Development filed a corrected appellant brief with the U.S. Court of Appeals for the Federal Circuit challenging two covered business method (CBM) reviews…
Read More Amici Implore Supreme Court to Take Up Chamberlain Petition
Two amicus briefs have now been filed in The Chamberlain Group’s bid to the Supreme Court for review of “whether the Federal Circuit improperly expanded § 101’s narrow implicit exceptions…
Read More Disclosure-Dedication Rule: An Effective Tool Against Infringement Claims Under the Doctrine of Equivalents
The doctrine of equivalents allows a patentee to raise a claim of infringement even when each and every element of the patented invention is not identically present in the allegedly…
Read More An Emerging Section 101 Expansion to Section 112(a) Enablement? The Federal Circuit Should Stop It Now
The most dominant, divisive issue in patent law over the last decade—Section101-eligibility and the Supreme Court’s Mayo-Alice framework—appears to have just become more divisive. Indeed, at least part of the…
Read More The Rise of Australia’s Small Boutique Patent and Trademark Firms
A recent study by IP blogger Mark Summerfield discussed the winners and losers as far as Australian patent filings are concerned, and there is a clear indication that more businesses…
Read More Other Barks & Bites for Friday, July 10: China Patent Filings Increase Despite COVID-19, CJEU Says Government Committees Subject to GDPR and CAFC Revives Part of Uniloc Motion to Seal in Apple Patent Case
This week in Other Barks & Bites: the Federal Circuit extends Arthrex to ex parte appeals and vacates part of a denial of a motion to seal filed by Uniloc…
Read More On Goodwill Versus History and the Potential Renaming of Franklin Pierce Law School
According to the Concord Monitor, the University of New Hampshire is being petitioned by several students to drop the name of Franklin Pierce from the law school. And although the…
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