Blog Profile / Patent Law Blog (Patently-O)

Filed Under:Industries / Law
Posts on Regator:3071
Posts / Week:7.4
Archived Since:February 15, 2010

Blog Post Archive

Guest Post: Deconstructing the Question Presented in WesternGeco

Guest post by Prof. Timothy Holbrook of Emory Law.  Professor Holbrook has written extensively on extraterritoriality and patents.  In the interest of full disclosure, he anticipates that this post will likely form the basis of an amicus brief. Patent law remains hot at the Supreme Court.  The Court on January 14, 2018, agreed to review […]

Supreme Court Grants Certiori in WesternGeco – International Damages Case

by Dennis Crouch The Supreme Court has granted writ of certiorari in the international-patent-damages case WesternGeco LLC (Schlumberger) v. ION Geophysical Corp., Docket No. 16-1011. In December I outlined the case: The lawsuit is related...Show More Summary

Issa stepping down from House

Joining Rep. Goodlatte, Rep. Darrell Issa has also announced his retirement from the House of Representatives.  For the past several years, these two have been the most active House members in the patent law area.   I received a funny email from Paul Morinville’s US Inventor group stating that “Thousands of US inventors are applauding Rep. […]

What Deference Looks Like Attorney Fee Cases.

by Dennis Crouch Honeywell v. Fujifilm (Fed. Cir. 2018) Honeywell sued Fujifilm and others for infringing its U.S. Patent No. 5,280,371 (LCD Display patent). However, the district court dismissed the case on summary judgment after finding the claims barred under 35 U.S.C. § 102.  Although siding with the defendants on the merits, Judge Stark (D.Del.) refused to […]

Shenanigans, Time Bars, and Federal Circuit Oversight

Guest post by Saurabh Vishnubhakat, Associate Professor at the Texas A&M University School of Law and the Texas A&M College of Engineering.  Although Prof. Vishnubhakat was an advisor at the USPTO until June, 2015, his arguments here should not be imputed to the USPTO or to any other organization. Prof. Vishnubhakat was counsel of record […]

Patent Term for Food Additives.

Prof. Erika Lietzan has an interesting post on her blog regarding the FDA process for Food Additive approval and the associated patent term: Food Additive Approvals — and Patents  

Local and Foreign Patent Filing

The following chart comes from WIPO’s newly published report of IP Indicators.

Patent Eligibility in 2018

MBHB Partner Dr. Michael Borella has an upcoming free webinar: Patent Eligibility in 2018: Current Status and Best Practices: Topics include: Overview of the most recent Federal Circuit case law regarding Section 101; Where this law is relatively clear, and where it is not; The impact of the USPTO not making any significant updates to […]

Trade Secrecy in Data being Sold

The newly filed trade secret lawsuit Collateral Analytics v Nationstar Mortgage (N.D. Cal., No 18-cv-019) may be interesting to follow.  Collateral Analytics offers a searchable database of real estate information to its customers (a...Show More Summary

Revival of Parker v. Flook II

In 2012 I wrote a short essay on what I called “The Revival of Parker v. Flook” and included the following chart of court citations to the much maligned 1978 decision. The Revival of Parker v. Flook For patentees, the most difficult aspect of the decision is its focus on an “inventive concept” that is separate from […]


I previously wrote about the pending RecogniCorp petition for writ of certiorari to the Supreme Court that asks for clarification of the Abstract Idea analysis.  I see the basic question here as to whether Parker v. Flook is good law.  The Supreme Court will likely discuss the case in their January 5 conference. RecogniCorp: Can Data Processing be […]

Regeneron v. Merus: Sui Generis or a Regener-ating Fact Pattern?

Guest Post by Brian Landry and Justin Crotty of Saul Ewing in Boston On December 26, 2017, the U.S. Court of Appeals for the Federal Circuit issued an order denying Regeneron Pharmaceuticals, Inc.’s combined petition for panel rehearing and rehearing en banc of a decision upholding a District Court holding of unenforceability due to inequitable […]

BigCommerce: Venue in States with Several Districts

I previously wrote about Judge Gilstrap’s decision in BigCommerce and the somewhat complex issue of venue in multi-district states.  Even though BigCommerce is a Texas corporation, it argues that venue is improper in E.D.Tex. because the company HQ is in Austin (S.D.Tex.).  Judge Gilstrap disagreed and now Mark Lemley and his team have filed a petition for writ […]

Patent Literature

Pain and Suffering: Prof. Ronen Avraham was moved by the story of Robert Kearns (Flash of Genius) and asks Should Courts Award Pain and Suffering Damages in Patent Infringement Cases?  His answer is YES, “courts should award damages to solo inventors for noneconomic harm resulting from patent infringement.” Licensing Without Litigation: Mark A. Show More Summary

Guest Post by Prof. Jorge Contreras: TCL v. Ericsson: The First Major U.S. Top-Down FRAND Royalty Decision

(Today’s guest post is by  Professor Jorge L. Contreras of the University of Utah College of Law.  Professor Contreras is known for his excellent work on remedies, particularly in the SEP and FRAND context.  I’m especially excited about today’s guest post, as it dovetails nicely into a one-week course on Remedies in Patent Law at […]

Utility and Design Patents – Up Again for 2017

After a couple of years of stagnant growth, the USPTO has issued record numbers of both utility and design patents in 2017. (Charts below).  The number of new utility applications is down over the past couple of years (excluding continuations and CIPs).  Rather than being due to more inflow, the rise in issuance can be explained […]

Fed Gov’t Updates

Tax plan: No patent box this year. Instead, all corporations get a tax break regardless of whether they are engaged in innovative or beneficial activities. Tax plan: For 2018, law firm associations may want to push hard for ownership to take advantage of the new pass-through tax cuts. Government Funding: On the brink, Congress has […]

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