Blog Profile / Patent Law Blog (Patently-O)


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Archived Since:February 15, 2010

Blog Post Archive

How PTO Submissions Can Waive Privilege to Future Communications – Even for Trial Counsel and Subsequent Patent Owners

In re OptiumInsight (Federal Circuit 2017) The Federal Circuit has denied OptumInsight’s petition for writ of mandamus on privilege waiver. In the underlying litigation, OptumInsight has sued Cave Consulting for infringement of several healthcare analytics patents. Show More Summary

Please Define What you Mean by Ordinary Meaning

by Dennis Crouch In NobelBiz v. Global Connect, a jury sided with the patentee-finding that global connect infringed the caller ID modifying patents.[1] On appeal however the Federal Circuit has reversed on claim construction – in a precedential, but low quality opinion. The claimed invention is associated with telemarketing, and the idea is to “provide […]

Patentlyo Bits and Bytes by Anthony McCain

Steve Brachmann: Report Shows Drug Patents Fare Better In IPR Proceedings At PTAB Jo Dale Carothers: Offensive Trademarks Are Protected Free Speech Under The First Amendment Andrew Chung: Supreme Court And Top Patent Court Rarely See Eye To Eye Devin Salmon: A Brief Look At The Trend Of Patent Cases Before The US Supreme Court […]

AIA Patents: Now Most Issued Patents are AIA Patents

The chart shows the results from a ~9000 patent sample showing the percentage of issued patents that are categorized as “AIA Patents.” The key feature here – as of the past couple of months most newly issued patents are AIA patents.  It will likely two-more years before we’re up to 80%.

When is an the inherent, but unexpected result obvious?

Millennium Pharma v. Sandoz (Federal Circuit 2017) As part of a brand-generic pharma battle, the district court invalidated a set of Millennium’s patent claims covering its Velcade drug used to treat multiple myeloma.[1]  The district court held that the claims (covering the chemical compound active ingredient) were obvious as the inherent result of an obvious […]

Layering of Law upon the Injunctive Relief Standard.

Genband v. Metaswitch (Federal Circuit 2017) At the close of trial, a jury found for the patentee Genband-ruling that Metaswitch infringed all of the asserted claims found in the eight asserted VoIP patents.[1] However, the District Court denied the patentee’s request for an injunction to stop the ongoing infringement. In its refusal, the District Court […]

Paying Professors: Inside Google’s Academic Influence Campaign

Pretty amazing story here on Google funding legal research:  https://www.wsj.com/articles/paying-professors-inside-googles-academic-influence-campaign-1499785286  

BRI: Even under BRI Means Plus Function Claims Limited by Structure Recited in Specification

by Dennis Crouch IPCom v. HTC (Fed. Cir. 2017) After IPCom sued HTC for infringing its U.S. Patent No. 6,879,830, HTC countered with its PTO request for inter partes reexamination of the asserted claims.  While the AIA Trials (i.e. inter partes reviews) are heard directly by a PTAB panel, reexaminations are first decided by a patent examiner […]

Claim Construction: Sweeping Reasonableness Under the Rug

by Dennis Crouch Hitachi Metals v. Alliance of Rare-Earth Permanent Magnet Industry (Fed. Cir. 2017) (nonprecedential decision) Rare-earth magnets are the strongest commercially available permanent magnets.  Hitachi’s U.S. Patent Nos. Show More Summary

Exhausted by Selling a Service?

Ji-Yong (David) Chung is a patent attorney and partner at Snyder, Clark, Lesch & Chung. David.Chung@snyderllp.com.  The secondary author of the strip is John Voisinet.

Attorney Fee Award: District Court Erred in Not Awarding Fees

In another successful appeal by Prof. Mark Lemley, the Federal Circuit has reversed on fees – finding that the E.D. Texas Court (Judge Gilstrap) erred by not awarding fees to the successful defendant Newegg. AdjustaCam v. Newegg (Fed. Show More Summary

Lifting the Bar: Federal Circuit finds that the PTAB improperly allowed Amendments during IPR

Shinn Fu vs. Tire Hanger (Fed. Cir. 2017) After receiving substantial criticism for refusing to allow claim amendments during Inter Partes Reviews (IPRs), the USPTO began to to relax its standards somewhat.  In this case, however, the Federal Circuit (C.J. Prost) has rejected the PTO’s expanded approach – holding that “the Board did not properly consider […]

Does the PTO have a Right to Intervene in IPR Appeals?

Knowles Electronics v. Matal (Fed. Cir. 2017) In an interesting sua sponte order, the Federal Circuit has demanded briefing on whether the USPTO has the right to intervene in an appeal from an inter partes reexamination decision by the Patent Trial and Appeal Board (PTAB). Analog Devices filed for the inter partes review against Knowles’ U.S. Patent No. […]

Paying Attorney Fees on Appeal

When the PTO refuses to issue a patent, the applicant can appeal directly to the Court of Appeals for the Federal Circuit or instead file a civil action under 35 U.S.C. 145.  The Section 145 action gives the applicant the opportunity to further develop facts, including live expert testimony and cross-examination. An oddity of the statute is […]

Celgard: Important Challenge to the Federal Circuit’s Pervasive No-Opinion Judgments

By Dennis Crouch In re Celgard (Supreme Court 2017) [2017-6-19 Celgard Cert Petition] In what looks like a well-postured case, Celgard LLC has asked the Supreme Court to consider several questions stemming from the Patent Trial & Appeal Board (PTAB) decision that the claims of the company’s U.S. Patent No. 6,432,586 are invalid as obvious.  […]

Licensing matchmaking: the allure of reputation and organizational capital

Guest post by Ian McCarthy and Karen Ruckman, both from the Beedie School of Business, Simon Fraser University. This is based on the research article: Why do some patents get licensed while others do not? If the deluge of reality television shows about the subject is any indicator, the public has an ongoing fascination with […]

Matal v Tam: Only I Can Disparage You!

The Supreme Court has affirmed that Trademark law’s restriction on registration of disparaging marks violates the free speech provision of the US Constitution. Read it: 15-1293_1o13 Although the court’s logic is largely incomprehensible,...Show More Summary

Where Does Infringement Occur?  Lessons from Extraterritoriality Cases

Guest post by Josh Landau, Patent Counsel for CCIA It seems like a truly simple question to answer: where is an act of infringement committed?  And it’s one that became more important after TC Heartland’s decision that venue is proper “in the judicial district where the defendant resides, or where the defendant has committed acts of […]

Guest Post: Secret Software Sales

Guest post by Matthew Fagan, Principal at KDP where he handles patent matters.  Much of the post-Helsinn analysis has focused on its impact on pharma where substantial strategic pre-filing activity is the norm. I asked Mr. Fagan to come at the problem from the computer and software perspective.  – DC = = = =  When the Federal Circuit […]

Patentlyo Bits and Bytes by Anthony McCain

John Duffy: The Supreme Court Reverses Another Federal Circuit Patent Case Gene Quinn: Industry Reaction To SCOTUS Decision In Sandoz v. Amgen Richard Lloyd: The Oil States IPR Case Could Be One Of Those Rare Instances Where SCOTUS Sides With The CAFC Scott Graham: Lawmakers Plot Next Steps On Patent Reform Joseph Herndon: Credit Acceptance […]

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