The USPTO issued guidance on process claims, identifying three major factors that favor patentability because they either satisfy the machine or transformation test or provide evidence that the process has been practically applied.
Read MoreIn Stauffer v. Brooks Bros., Inc., the U.S. Federal Circuit Court of Appeals considered whether a private party had the standing to enforce the false marking statute.
Read MoreIn AstraZeneca LP v. Apotex, Inc., a generic drug draws a preliminary injunction barring defendant’s activity, which isn’t often seen in patent litigation cases.
Read MoreIn Solvay S.A. v. Honeywell Int’l, Inc., a patent infringement lawsuit, conception vs copying was examined, finding that copying made it a “prior inventor” and, thus, invalidated the patent claims at issue.
Read MoreThe case Akamai Technologies, Inc. v. Limelight Networks, Inc. involves how a patentee can establish liability for joint infringement.
Read MoreIn Uniloc USA Inc. v. Microsoft Corp., it is shown that patentees must establish a factual foundation for damages that considers factors that would actually play a role in royalty negotiations, as abstract rules alone won’t cut it in court.
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China and IP: China is becoming a major player in both filings and enforcement of IP. As a result of its efforts to become a nation of innovators, China is becoming a popular place to file patent applications.
Read MoreThe decision in Health Sciences, Inc. v. Bio-Engineered Supplements & Nutrition, Inc. involving ads that ran in a body-building periodical means current and prospective patent holders should consider the implications of how advertisements affect patentability.
Read MoreIn International Seaway Trading Corp. v. Walgreens Corp., a case involving the design of footwear, the ordinary observer test was used to determine whether the design patent in question was invalid based on anticipation.
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One of the most monumental Supreme Court cases in patent law is Alice Corp. v. CLS Bank International (“Alice”).
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Skechers vs. Steve Madden. Skechers alleged patent infringement of its Skechers design patents for their Go Walk line of shoes. Read more about patent infringement.
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Apple Watch patent lawsuit filed by couple claiming ownership of invention for “receiving electronic signals such as text messages on a vibrating device strapped to a user’s wrist.”
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In Commil USA v. Cisco Systems, the Supreme court rejects another patent infringement defense for inducement.
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Understanding the issues and concerns with Patent DIY can help inventors save money and avoid risk of loss of their invention.
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Google fights patent trolls with “Patent Purchase Promotion,” through which patent owners, presumably some patent trolls, can name their intellectual property’s price. Google intends it will help curb patent trolling.
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IPR petitions allow a petitioner to request to cancel one or more claims of an issued patent on the grounds of anticipation and/or obviousness based on other patents or printed publications.
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In Commil USA, LLC v. Cisco Systems, Inc., the Supreme Court considered arguments for an extension to an already existent patent infringement defense: that the alleged infringer lacked the requisite intent to infringe.
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As the United States formally becomes a member of the World Intellectual Property Organization (WIPO) effective May 13, 2015, changes are coming to design patent application law in the United States.
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Patent Trolls file patents to threaten lawsuits against businesses and entrepreneurs, demanding licensing fees for their patents’ use. US House Bills introduced to help trolls pay a toll. Article by Klemchuk LLP, a patent law firm.
Read MoreAlthough both federal statutes touch on food and beverage labeling, the Lanham Act protects commercial interests against unfair competition, whereas the FDCA protects public health and safety by forbidding the misbranding of food, including by means of false or misleading labeling. Read more about trademarks and unfair competition.
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