The IP Law Blog Focusing on legal trends in data security, cloud computing, data privacy, and anything E

Tag Archives: Patent Law

Federal Circuit Continues to Nix Financial Patents

Posted in Patent Law

Patents covering software for use in the financial industry are increasingly being invalidated by the courts. Because of the Supreme Court’s decision in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014), district courts are holding these patents invalid on the grounds that they are unpatentable abstract ideas, and the Federal Circuit Court… Continue Reading

Patent Infringement and Appellate Jurisdiction

Posted in Patent Law

In general, any appeal from a civil action involving claims of patent infringement must be made to the Federal Circuit in Washington, D.C. A recent case from the Ninth Circuit, Amity Rubberized Pen Company v. Market Quest Group, illustrates this principle as well as demonstrating the practical measures an appellate court will take to help… Continue Reading

Congress is Reconsidering “Anti Troll” Legislation

Posted in Patent Law

On February 5, 2015, Congressman Bob Goodlatte reintroduced the “Innovation Act”; a bill designed to implement several changes to the legal framework governing United States patent law. The law is designed to make it more difficult for non-practicing entities (also known as “patent trolls”) to maintain patent infringement lawsuits. The law appears to have significant… Continue Reading

Patents Must Provide Clear Notice of Their Scope

Posted in Patent Law

The patent laws require that the claims of a patent (which define the boundaries of what the patent owner can protect) “particularly point out and distinctly claim the subject matter … of the invention.”  35 U.S.C. §112, ¶2.  This requirement is referred to as “definiteness.”  A patent that fails to satisfy this requirement may be… Continue Reading

Patent Myths Corrected – Part Two

Posted in Patent Law

Last week’s column was the first of two columns discussing some of the most common misconceptions or myths about patents.  Here is the second part, starting with number five on my list. 5.            A Patent Does Not Give the Patent Owner the Right to Practice the Invention. Inventors and patent owners often assume that a patent… Continue Reading

Patent Myths Corrected – Part One

Posted in Patent Law

Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts.  Patents themselves are sometimes almost unintelligible and, if intelligible, may require many hours of reading to understand.  It is no wonder that… Continue Reading

Patent Owners have Burden of Proof in Declaratory Judgment Actions

Posted in Patent Law

By: Audrey A. Millemann On January 22, 2014, the United States Supreme Court decided that a patent owner has the burden of proving infringement in an action filed by a licensee for a declaratory judgment of noninfringement. This case, Medtronic, Inc. v. Mirowski Family Ventures, LLC, 2014 U.S. LEXIS 788 (2014), reversed a Federal Circuit… Continue Reading

Patent Infringement: Attorneys’ Fees A Little Easier to Get

Posted in Patent Law

By Audrey A. Millemann               The Federal Circuit has loosened the standard for recovering attorneys’ fees in patent infringement cases, making it easier for winning defendants to obtain their fees from plaintiffs.              The case is Kilopass Technology, Inc. v. Sidense Corp. (Fed. Cir. Dec. 26, 2013), 2013 U.S. App. LEXIS 25671. Kilopass and Sidense… Continue Reading

Weaving a Trademark

Posted in Copyright Law, Patent Law, Trademark Law

 By: Lisa Y. Wang This month, the Trademark Trial and Appeals Board ruled that Bottega Veneta, a luxury Italian fashion brand, well known for its "weave design" handbags and accessories, could register a trademark for that specific design. Bottega Veneta handbags and accessories do not have obvious logos on the outside, signifying its origin. Instead, the weave… Continue Reading

You Must Describe What You Actually Invented

Posted in Patent Law

By Audrey A. Millemann A patent must sat­­isfy several requirements in order to be valid. One of these is the written description requirement, as set forth in 35 U.S.C. §112, ¶1. That subsection requires that a patent: ”contain a written description if the invention…in such full, clear, concise, and exact terms as to enable any person skilled… Continue Reading

Patent Infringement Cases Before The Supreme Court

Posted in Patent Law

By Audrey A. Millemann Two interesting patent cases are before the United States Supreme Court. The first is Akamai Technologies, Inc. v. Limelight Networks, Inc. 692 F.3d 1301 (Fed. Cir. 2012). The second is Medtronic Inc. v. Boston Scientific Corp., 695 F.3d 1266 (Fed. Cir. 2012).         Does Inducing Infringement Require that a Single Party has Performed All… Continue Reading

UPDATE: You Can Still Hop Through Commercials

Posted in Patent Law

By Lisa Y. Wang In April, we published an article about Fox Broadcasting Co. v. Dish Networks, LLC, where Fox Broadcasting was requesting a preliminary injunction against Dish Network, claiming that were engaged in copyright infringement by offering their Auto Hop on Dish Networks’ DVRs. As of that date, a judge declined to issue a preliminary… Continue Reading

(NATURAL) GENES ARE NOT PATENTABLE

Posted in Patent Law

By Audrey A. Millemann In Association For Molecular Pathology v. Myriad Genetics, Inc., decided on June 13, 2013, the United States Supreme Court held that isolated natural genes (DNA) are not patentable. Thus, genes that exist in a living organism, such as the human breast cancer genes BRCA1 and BRCA2 at issue in this case, are… Continue Reading

Are Patent Trolls Good?

Posted in Patent Law

The landscape of patent law has been rapidly changing over the last several years. President Obama recently signed into law the America Invents Act (the “AIA”) which offered the first identifiable attempt by the United States government to stem the tide of claims asserted by non-practicing entities, also known pejoratively as “patent trolls.” Among the many changes… Continue Reading

Supreme Court Rules DOMA Section 3 Unconstitutional

Posted in Patent Law

By Kay Brooks Today the United States Supreme Court ruled that Section 3 of the federal Defense of Marriage Act (DOMA) is unconstitutional. The case, United States v. Windsor, 570 U.S. ____ (2013), involved the portion of DOMA that stated that the federal government will only recognize marriages between opposite-sex spouses for purposes of federal… Continue Reading

Marriage Equality Returns to California

Posted in Patent Law

By Hilary Lamar The United States Supreme Court issued its opinion in Hollingsworth v. Perry, 570 U.S. ___ (2013), this morning, regarding the validity of Proposition 8. The outcome is that same-sex marriage is once again legal in California. The Supreme Court did not rule on a specific right to same-sex marriage, but rather it… Continue Reading

Surprise! Your Patent Doesn’t Protect You

Posted in Patent Law

Over the years many articles have been published describing common misconceptions in connection with intellectual property laws, yet rarely do these articles address a common misunderstanding about patent laws which will fundamentally alter many readers’ beliefs regarding the value of obtaining a patent. Some will be shocked to learn that obtaining a patent relating to an… Continue Reading

Zombies Have IP Too

Posted in Patent Law

By Audrey Millemann   Zombies have become part of our lives. We are fascinated with vampires, but we are obsessed with zombies.    Our obsession is best evidenced by the tremendous success of AMC’s television series “The Walking Dead,” about the zombie apocalypse. The show first aired on Halloween night in 2010 and was watched by 5.35 million… Continue Reading

Patent Enablement: Undue Experimentation Does Not Mean No Experimentation

Posted in Patent Law

By Audrey A. Millemann Enablement is one of the requirements a patent application must satisfy in order for the patent to be granted. Enablement means that the specification (the written text and drawings) teaches a person skilled in the art how to make and use the invention. 35 U.S.C. §112, ¶1. The enablement requirement is satisfied if a… Continue Reading

The SHIELD Act – Death of the Patent Troll, or Incentive to Infringe?

Posted in Patent Law

On February 27, 2013, Congress proposed the “Saving High Tech Innovators from Egregious Legal Disputes (SHIELD) Act.” This bill is designed to stem the tide of patent litigation initiated by non-practicing entities, also known as “patent trolls.” A non-practicing entity (“NPE”) generally operates by forming a shell corporation to acquire and hold patents, then litigating against anyone… Continue Reading

Antitrust and Patent Laws: Separate Standing

Posted in Patent Law

By Audrey A. Millemann There is an inherent conflict between the antitrust laws and the patent laws.  The antitrust laws protect competition and benefit consumers, in part, by prohibiting monopolies.  The patent laws promote innovation and reward inventors, in part, by awarding the patent owner a limited monopoly which inhibits competition. Sometimes the antitrust laws… Continue Reading