Blog Profile / Patent Law Blog (Patently-O)

Filed Under:Industries / Law
Posts on Regator:3146
Posts / Week:7.5
Archived Since:February 15, 2010

Blog Post Archive

Trump: IP Theft

The U.S. is acting swiftly on Intellectual Property theft. We cannot allow this to happen as it has for many years! — Donald J. Trump (@realDonaldTrump) March 7, 2018

What are the Rules for Assessing Patent Eligibility?

In Front Row Tech. v. MLB Advanced Media, the patentee has filed a petition for writ of certiorari – asking the Supreme Court flip the lower court rulings on its sports-data-app patents. [Petition including Lower Court Decisions][Supplemental Appendix Including the Patents] The petition asks two questions: 1. What are the rules, both procedural and substantive, for […]

Haptic Feedback Patents: Some Survive Eligibility Challenge by Fitbit

Immersion Corp. v. Fitbit (N.D.Cal. March 5, 2018) On 12(b)(6) motion for dismiss, Judge Koh has thrown out some of Immersion’s asserted claims covering various haptic feedback approaches. However, some claims survived: Invalid as Abstract Idea (claims from U.S. Patent No. 8,638,301):  27. A system comprising a processor configured to: receive a first sensor signal […]

Prof Hrdy: When Inventions Kill Jobs

Prof. Hrdy has an interesting new blog post to accompany her paper titled Technological Un/employment.  Her work focuses on the intersection between jobs and intellectual property – looking both historically and toward the future of automation. Show More Summary

PTAB Reconstruing Claims: Estoppel?

Knowles Electronics v. Cirrus Logic (Fed. Cir. 2018) [Knowles Case] Construing Claims: In a 2011 decision, the Federal Circuit construed the claims of Knowles Electronics’ U.S. Patent No. 6,781,231, including the claim term “package” as used in the claimed microelectromechanical system to mean a “self-contained unit that has two levels of connection, to the device […]

Helsinn v. Teva: On Sale Bar Post AIA

by Dennis Crouch Helsinn Healthcare v. Teva Pharma (Supreme Court 2018) [Helsinn cert petition] Helsinn has now filed its much anticipated petition for writ of certiorari focusing on the question of how exactly the 2011 AIA changed the “on sale bar.” Question Presented: Whether, under the Leahy-Smith America Invents Act, an inventor’s sale of an […]

Cutting Down Prior Appropriation: How Paolo Bacigalupi’s The Water Knife Warns Us About Water Rights in the West

This is the second guest post coming from Michigan Law Professor Nicholson Price‘s seminar merging science fiction and legal analysis.  The author here – Kamie Cashette points her sights on the 2015 novel by American SciFi author Paolo Bacigalupi – The Water Knife. – DC Guest Post by Kamie Cashette Paolo Bacigalupi’s novel The Water Knife depicts […]

Electronic Medical Records: Not Eligible

Ex parte Naeymi-Rad (PTAB 2018) Intelligent Medical Objects, Inc. (IMO) has an interesting business of capturing, standardizing, and simplifying medical documentation used in 3,500 hospitals and by 450,000 doctors.  This process is critical for both treatment and payment — all in an environment where mistakes can lead to death and bankruptcy.  In the U.S., companies […]

Disputed Claim Construction Should Not Ordinarily Be Decided on 12(b)(6) Motion

Nalco v. Chem-Mod (Fed. Cir. 2018) The district court dismissed Nalco’s patent infringement complaint with prejudice on a R. 12(b)(6) motion for failure to state a claim upon which relief can be granted. On appeal, the Federal Circuit has reversed – finding that the patentee had properly stated a claim of direct infringement, infringement under […]

US v. Microsoft: Searching a Server Abroad and Domestic Warrants

By Dennis Crouch In United States v. Microsoft, the Supreme Court is asked to determine the scope of US extraterritorial police powers. Back in 2013, the Federal Government served a warrant on Microsoft seeking email records of one of its clients who was a suspected drug trafficker. Microsoft refused to comply because the emails were […]

BETR: Innovation in Media and Entertainment Law

Mizzou’s Center for Intellectual Property and Entrepreneurship along with our Business, Entrepreneurship & Tax Law Review (BETR) is hosting its Spring Symposium this Thursday, March 1st from 9:30am until 2:00pm. Speakers include Professors Lyrissa Lidsky, Mary LaFrance, Jasmine Abdel-Khalik, Amy Sanders, Rachel Jones, and Brett Johnson. Show More Summary

US v. Lundgren: When Recycling is a Crime

US v. Lundgren (11th Circuit 2018) A pending case against recycler Eric Lundgren has now moved to the 11th Circuit Court of Appeals. Lundgren pled guilty to criminal copyright infringement and was sentenced to 15 months incarceration.  The basics are that he manufactured over 28,000 discs containing Dell/Microsoft Restore Discs and shipped them from China […]

PTAB: Tribal immunity does not apply to inter partes review proceedings.

Mylan and Teva v. St. Regis Mohawk Tribe (PTAB 2018) In a long 42 page opinion, a PTAB panel has denied St. Regis Mohawk Tribe’s motion to dismiss the pending inter partes review (IPR) proceedings against its patents.  Here, the panel holds plainly that “Tribal immunity does not apply to inter partes review proceedings.”  Although […]

PatCon 8 Conference in San Diego Next Week

By Jason Rantanen Next week is PatCon, the largest annual gathering of patent law, economics, and business professors. This year’s conference takes place at University of San Diego on Friday & Saturday, March 2-3, and features Joe Matal, Carter Phillips, Patent Pilot Program judges, PTO economists, prominent local attorneys, and over 50 academics (providing up […]

Patent Agent Privilege in Texas

In an important new decision, the Texas Supreme Court has recognized “patent-agent privilege” as a form of attorney-client privilege.  The court writes: [B]ecause patent agents are authorized to practice law before the USPTO, they fall...Show More Summary

Ulbricht v. U.S.: Privacy Interest in your Home Router Traffic

by Dennis Crouch Important petition for writ of certiorari outside of patent law, but still well within the technology law sphere: Ulbricht v. U.S., Supreme Court Docket No. 17-950, questions presented: Whether the warrantless seizure of an individual’s Internet traffic information without probable cause violates the Fourth Amendment. Show More Summary

Patent Eligibility: Handling Disputed Issues of Material Fact

Following the Federal Circuit’s decisions in Berkheimer, AATRIX, and ATS, the role of evidence and factual conclusions in the eligibility analysis is in a somewhat confused state. That setup makes Cleveland Clinic’s recent petition for writ of certiorari quite timely. Show More Summary

Eligibility: A Factual Dispute Requires you to Allege Facts

The recent non-precedential opinion of Automated Tracking Solutions v. Coca Cola provides something of a backstop to AATRIX and Berkheimer.   The ATS panel includes Judges Moore and Stoll – the two leading judges pushing for more formality in considering factual conclusions underlying an eligibility decision.  In ATS, however, the panel affirmed a district court judgment […]

Science Fiction Law — Still Reeling: Minority Report, Sixteen Years Later

Michigan Law Professor Nicholson Price is teaching an interesting seminar this semester merging science fiction and legal analysis.  We agreed that his students should write blog posts and that I would publish the most worthy on Patently-O.  The first post comes from Lauren Kimmel and is focused on stopping future crimes. – DC Guest Post by Lauren […]

More on Prosecution Disclaimer

By Dennis Crouch Arendi v. Google (Fed. Cir. 2018) In its petition for inter partes review (IPR), Google argued the obviousness of all 79 claims of Arendi’s of U.S. Patent No. 6,323,853. The PTAB granted the petition (acting on behalf of the PTO Director) and issued a final decision cancelling the claims. In its decision, […]

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