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10/10/2018

USPTO Publishes Final Rule Adopting Phillips Standard at PTAB

Earlier this morning the United States Patent and Trademark Office (USPTO) published a final rule in the Federal Register changing the claim construction standard applied during inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) review proceedings before the Patent Trial and Appeal Board (PTAB). This final rule replaces the broadest reasonable interpretation standard the USPTO has used to interpret claims since AIA administrative trial proceedings came online effective September 16, 2012 with the… [ 824 more words ]
https://www.ipwatchdog.com/2018/10/10/uspto-publishes-final-rule-phillips-standard-ptab/id=102210/

This final rule replaces the broadest reasonable interpretation standard used to interpret claims since AIA administrative trial proceedings came online in September 2012 with the Phillips standard, the claim construction standard used to construe claims in patent infringement litigation in federal....

10/10/2018

Contracts 101: Covenants, Representations and Warranties in IP License Agreements - IPWatchdog.com | Patents & Patent Law

It continually amazes me that many business folks who negotiate tons of IP license agreements, fail to understand the difference between covenants, representations, and warranties that are “standard” in many such agreements. Well, that is not too surprising. What is very surprising, however, is that many of their lawyers fail to appreciate the differences as well! Many think the terms are synonymous and thus use them interchangeably. [ 993 more words ]
http://www.ipwatchdog.com/2018/10/10/contracts-101-covenants-representations-warranties-ip-license-agreements/id=102186/

Covenants are promises by a party by which it pledges that something is either done, will be done or shall not be done. Representations are statements of fact that induces a party to enter into the contract. Warranties are undertakings or stipulations that a certain is or shall be as it is stated or...

10/10/2018

Lawsuit Highlights Attractiveness of Middle District of Florida for Plaintiffs

On August 1st, Fort Myers, FL-based over-the-top (OTT) Internet television provider WhereverTV filed a suit alleging patent infringement against Philadephia, PA-based telecommunications conglomerate Comcast Corporation. Despite the fact that Comcast is headquartered in Pennsylvania and the inventor listed on WhereverTV’s patent resides in Pennsylvania, the complaint was filed in the Middle District of Florida, a district which has been growing more attractive for parties filing patent infringement suits. [ 863 more words ]
https://www.ipwatchdog.com/2018/10/10/patent-infringement-comcast-attractiveness-of-middle-district-of-florida-patent-plaintiffs/id=101706/

WhereverTV filed a suit alleging patent infringement against Comcast Corporation. Despit Comcast being headquartered in Pennsylvania and the inventor listed on WhereverTV’s patent residing in Pennsylvania, the complaint was filed in the Middle District of Florida, a district growing more attractiv...

10/10/2018

Happy Birthday to Us! IPWatchdog turns 19! We are just getting started!

It is almost difficult to believe that 19 years ago today IPWatchdog.com first launched. At the time I was living in Orlando, Florida, and had recently embarked upon what I had hoped would become a career as a full-time law school professor. Things didn't quite go according to plan, and I became an itinerant full-time law professor for about six years, traveling from school to school. [ 351 more words ]
http://www.ipwatchdog.com/2018/10/10/happy-birthday-ipwatchdog-turns-19/id=102198/

It is almost difficult to believe that 19 years ago today IPWatchdog.com first launched. We anticipate big new things for IPWatchdog in 2019. IPWatchdog.com will continue to grow and evolve with the industry and the times. We are just getting started!

10/09/2018

Protecting IP Builds Confidence, Encourages Investment in the Future

"[F]or these groundbreaking technologies to reach users, researchers on the front lines of innovation must have incentives to spend their time and resources on mobile standards. This is how licensing helps drive new technologies. The other week at Mobile World Congress in Los Angeles, innovators and thought leaders from around the world gathered to discuss groundbreaking technology advancements in many key industries, including 5G and Internet of Things (IoT) services. [ 687 more words ]
https://www.ipwatchdog.com/2018/10/09/protecting-ip-builds-confidence-investment-future/id=101888/

Protecting IP in 5G technologies means securing a portion of a $1.2 trillion industry and the 29 million jobs created directly and indirectly by the mobile connectivity ecosystem. Understanding of the value of these technologies the U.S. will continue to be a hub for innovation and economy will cont...

10/09/2018

Patent Uncertainty: Real Ideas, Real People, Real Harm - IPWatchdog

Fast cars, big houses, and life on the beach. The financial rewards for a winning idea can be substantial to the inventor. It is an easy observation; one single idea can have a major impact on the inventor’s life, their family for generations, society and commerce. People touch inventions every day that make their life better as a by-product of such winning ideas. [ 1,582 more word ]
https://www.ipwatchdog.com/2018/10/09/patent-uncertainty-real-ideas-real-people-real-harm/id=101684/

Today, the patent system is fluid due to recent legislation and court decisions that have caused considerable uncertainty and legal maneuvering. As a first-time inventor, I had no idea as to the legal battles in the background regarding what ideas should receive a patent. Many battles seemed more ab...

10/09/2018

Supreme Court to Decide If Copyright Act Authorizes Non-Taxable Costs

On Thursday, September 27th, the U.S. Supreme Court granted a petition for writ of certiorari to take up Rimini Street v. Oracle on appeal from the Court of Appeals for the Ninth Circuit. The case will ask the nation’s highest court to solve a split among the Circuit Courts of appeal by determining whether the Copyright Act’s allowance of full costs to a prevailing party under… [ 666 more words ]
https://www.ipwatchdog.com/2018/10/09/supreme-court-grants-rimini-street-v-oracle-copyright-act-authorizes-non-taxable-costs/id=101802/

The case asks the Supreme Court to solve a split among the Circuit Courts by determining whether the Copyright Act’s allowance of full costs to a prevailing party under 17 U.S.C. § 505 is limited to taxable costs, as held in the Eighth and Eleventh Circuits, or if the Copyright Act authorizes non...

10/08/2018

Abstractness is not the malleable concept the Supreme Court thinks

“If the claim is directed to a patent-ineligible concept then the inquiry continues to a second step, in which we ‘consider the elements of each claim both individually and “as an ordered combination” to determine whether the additional elements “transform the nature of the claim” into a patent-eligible application. Alice, 134 S. Ct. at 2355 ( quoting Mayo, 566… [ 598 more words ]
https://www.ipwatchdog.com/2018/10/08/abstractness-not-malleable-concept-supreme-court/id=101675/

If the claim is directed to an abstract idea, then abstractness is an essential property of the claimed subject matter as a whole. As such, a claim directed to an abstract idea cannot be transformed to possess non-abstractness by whether or not it embodies an inventive concept.

10/08/2018

The Evolution of Antibody Patents - IPWatchdog.com

Last year, the best-selling drug world-wide was a biologic comprising a monoclonal antibody. In fact, seven of the 20 best-selling drugs world-wide were therapeutic monoclonal antibodies for the treatment of a wide range of conditions, including rheumatoid arthritis, autoimmune disease and a broad range of cancers. The drugs brought in billions of dollars in sales to pharmaceutical companies, and monoclonal antibodies are expected to become even more valuable in the years to come. [ 2,067 more words ]
http://www.ipwatchdog.com/2018/10/08/evolution-antibody-patents/id=101971/

As the pharmaceutical industry continues to shift toward biologic-based drugs, including monoclonal antibodies, protecting the underlying technology has been and continues to be a priority for companies. Indeed, antibody patents can be worth – literally – billions of dollars, and that amount is ...

10/08/2018

www.ipwatchdog.com

This week on Capitol Hill is another light one in terms of hearings focusing on topics related to technology and innovation. Although the House of Representatives is in session all week after the Columbus Day holiday, there are no hearings scheduled for the week as of Sunday, and the House is about to enter a few weeks’ worth of district work periods. [ 359 more words ]
http://www.ipwatchdog.com/2018/10/08/capitol-hill-roundup-4/id=102155/

10/07/2018

Federal Circuit Decision Erases $234 million Damages Awarded to WARF - IPWatchdog.com | Patents & Patent Law

The Federal Circuit recently issued a ruling reversing the district court’s denial of Apple Inc.’s (“Apple”) motion for judgment as a matter of law (“JMOL”) after finding no reasonable juror could have found infringement based on the evidence presented during the liability phase of trial. The decision erased an awarded over $234 million in damages to Wisconsin Alumni Research Foundation (WARF). [ 1,098 more word ]
http://www.ipwatchdog.com/2018/10/07/federal-circuit-erases-234-million-damages-award-warf/id=102098/

The Federal Circuit reversed the district court’s denial of Apple's motion for judgment as a matter of law after finding no reasonable juror could have found infringement based on the evidence presented during trial. The decision erased an awarded over $234 million in damages to Wisconsin Alumni R...

10/07/2018

A Journey Through the Chinese Patent System - IPWatchdog.com

The trade dispute between the U.S. and China started with a U.S. accusation of intellectual property theft on the part of China. Is China really “stealing” intellectual property? I’m not so sure. Perhaps the Chinese are stealing trade secrets, and if parties are engaged in such activities they should be punished, but there is a lot of taking that has been legitimized – even authorized – by the Congress and the Supreme Court in recent years. [ 1,520 more word ]
https://www.ipwatchdog.com/2018/10/07/journey-chinese-patent-system/id=102117/

Recently, I became President of a Hong Kong company. Our assets are the Chinese patents of another independent American inventor. I am tasked with defending those patent rights in China. My journey through the Chinese patent system will shed light on the differences between the two country’s treat...

10/07/2018

Trademarks: What Entrepreneurs Need to Know about Securing and Protecting Trademarks - IPWatchdog.com | Patents & Patent Law

Last week, we took a look at patent issues for nonprofit and for-profit start-ups. For our second installment in this series, we will examine another key area of intellectual property for start-up businesses: trademarks. Trademarks protect distinctive marks, such as brand names, logos, and designs. This protection allows a trademark holder to exclude others from using the mark without permission of the owner. [ 3,404 more words ]
https://www.ipwatchdog.com/2018/10/07/trademarks-entrepreneurs-need-know-trademarks/id=102067/

Trademarks protect distinctive marks, such as brand names, logos, and designs. This protection allows a trademark holder to exclude others from using a mark without permission. Important, basic information about trademarks, as well as how start-ups can protect their trademarked intellectual property...

10/06/2018

Ninth Circuit Vacates and Remands 'Stairway to Heaven' Copyright Case Over Erroneous and Prejudicial Jury Instructions - IPWatchdog.com | Patents & Patent Law

On Friday, September 28th, the Court of Appeals for the Ninth Circuit issued an opinion in Skidmore v. Led Zeppelin, which vacated-in-part a judgment out of the Central District of California that Led Zeppelin’s hit classic rock song “Stairway to Heaven” was not substantially similar to “Taurus,” a song written by the late songwriter Randy Wolfe, a member of the band Spirit. [ 968 more words ]
https://www.ipwatchdog.com/2018/10/06/ninth-circuit-vacates-remands-verdict-in-stairway-to-heaven-copyright-case/id=101920/

The Stairway to Heaven case was remanded back to the district court after the appellate court found that certain instructions given by the district court to the jury were erroneous and prejudicial.

10/06/2018

Gamestatix Develops a Blockchain Platform to Correct Inequalities in Booming Gaming Market - IPWatchdog.com | Patents & Patent Law

In 2018, the global games market reached $137.9 billion with 2.3 billion active gamers this year according to reports from Newzoo, a provider of market news for the gaming industry. This total represented a $30 billion increase from 2017’s global revenues for the gaming market as reported by games and media intelligence firm SuperData, including revenues from mobile, PC and console games. [ 766 more words ]
http://www.ipwatchdog.com/2018/10/06/gamestatix-develops-blockchain-platform-correct-inequalities/id=101533/

Gamestatix intends to release an ERC-20 token that can be deployed on an Ethereum blockchain. Launched in 2014, this technology makes it possible for Gamestatix to pay in a cryptocurrency that could then be transferred more readily than Bitcoin. The difference between the two is that Bitcoin is only...

10/05/2018

Service Starts § 315(b) Time-Bar Even If Complaint Involuntarily Dismissed Without Prejudice - IPWatchdog.com | Patents & Patent Law

The Federal Circuit recently vacated and remanded a final written decision by the Patent Trial and Appeal Board (“Board”) holding that a petition for inter partes review was not time-barred under 35 U.S.C. § 315(b) and sanctions were warranted for failing to identify a real-party-in-interest. In vacating the Board’s decision, the Federal Circuit emphasized that there are no exceptions to the statutory time limit for filing a petition for… [ 1,112 more word ]
http://www.ipwatchdog.com/2018/10/05/service-time-bar-complaint-involuntarily-dismissed-without-prejudice/id=102054/

The Federal Circuit ruled that the time-bar for filing a petition for inter partes review in Section 315(b) begins to run as soon as a complaint for infringement is served in district court, regardless of whether the complaint is involuntarily or voluntarily dismissed or is ultimately successful on....

10/05/2018

Federal Circuit: Attorneys Not Liable for Attorney’s Fees Where Law is Unsettled - IPWatchdog.com | Patents & Patent Law

The Federal Circuit recently reversed a decision of the Southern District of New York holding Gutride Safier LLP (“Gutride”), a firm representing the plaintiffs, AlphaCap Ventures, LLC (“AlphaCap”), jointly and severally liable for all expenses including attorneys’ fees and costs incurred by the defendant, Gust, Inc. (“Gust”) in a patent infringement suit. The district court found the case exceptional under 35 U.S.C. [ 721 more words ]
https://www.ipwatchdog.com/2018/10/05/federal-circuit-gutride-safier-llp-not-liable-attorneys-fees/id=102047/

Because of the relative paucity of § 101 cases between Alice and AlphaCap’s complaint, the law was unsettled. When the applicable law is unsettled, attorneys may not be sanctioned merely for making reasonable arguments for interpreting the law. Gutride presented a colorable argument the claims we...

10/05/2018

CAFC: Hyatt APA Challenges Time-Barred and Based on Incorrect Statutory Interpretation - IPWatchdog.com | Patents & Patent Law

The Federal Circuit recently issued an opinion in a decades-longbattle over the microcomputer patent applications of Mr. Hyatt, the named inventor on more than 70 issued patents and approximately 400 pending patent applications. The Court ultimately rejected Mr. Hyatt’s challenges to Manual Patent Examining Procedure (“MPEP”) § 1207.04, allowing an examiner to reopen prosecution with a new ground of rejection instead of continuing an already filed appeal. [ 1,228 more word ]
http://www.ipwatchdog.com/2018/10/05/cafc-hyatt-apa-challenges-time-barred/id=102041/

The Federal Circuit recently issued an opinion in a decades-longbattle over the microcomputer patent applications of Mr. Hyatt, the named inventor on more than 70 issued patents and approximately 400 pending patent applications. Mr. Hyatt’s challenges to allowing an examiner to reopen prosecution ...

10/04/2018

Weak Chinese Patent Applications and China's Burgeoning Patent System - IPWatchdog.com | Patents & Patent Law

On Wednesday, September 26th, business news publication Bloomberg published an article providing data analysis on Chinese patent applications to claim that, while China receives more patent applications than any country, “most are worthless.” Although the data supports the fact that a large number of Chinese design and utility patent applications are abandoned, the article misses the larger point that such an attrition rate is a natural result of China’s attempts to build a thriving patent system over a long period of time. [ 826 more words ]
http://www.ipwatchdog.com/2018/10/04/weak-chinese-patent-applications-burgeoning-patent-system/id=101780/

Although the data supports the fact that a large number of Chinese design and utility patent applications are abandoned, the article misses the larger point that such an attrition rate is a natural result of China’s attempts to build a thriving patent system over a long period of time.