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Tag Archives: patent

Why Business Methods Are Difficult to Patent

Posted in Patent Law

Although the general rule (based on 35 USC section 101) is that anything made by humans is patentable, there are exceptions. Laws of nature, physical phenomena, and abstract ideas are not patentable. Inventions that fall in these categories are “patent-ineligible,” that is, directed to subject matter that is not eligible to be patented. After the… Continue Reading

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

California Homegrown: Protect Your Pot!

Posted in Trademark Law

Let’s face it, we live in a progressive era. Many things that were once taboo in the eyes of the law have become not only socially acceptable, but legal. For example, twenty years ago, if a California state police officer saw you walking down the street smoking what he knew to be marijuana, you were… Continue Reading

Brewing Up Some IP

Posted in Copyright Law, Patent Law, Trademark Law

With so many new microbreweries popping up in Sacramento, the Bay Area, and the Greater San Diego area, I felt compelled to write the present piece for the benefit of the aspiring, as well as the established, microbrew entrepreneur. These individuals undoubtedly pour (excuse the pun) their hearts, souls, and hard-earned money into the development… Continue Reading

Zombies Have IP Too

Posted in IP Law Blog Lawyers In The News

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 viewers.  It… 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

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

Federal Circuit Relies on KSR (Again)

Posted in Uncategorized

By Audrey Millemann In Tokyo Keiso Company, v. SMC Corporation, 2009 WL 59769 (Fed. Cir. 2009)the Federal Circuit has again relied on the Supreme Court’s decision in KSR in invalidating a patent for obviousness. The plaintiff, Tokyo Keiso, is the owner of a patent that covers a volume flow meter that measures the volume of… Continue Reading

Federal Circuit Revisits Comiskey

Posted in Patent Law

By Audrey A. Millemann   In another attempt to address the question of the patentability of business methods, the Federal Circuit Court of Appeals has vacated its September 2007 decision in In re Comiskey (499 F.3d 1365).    The patent application filed by Comiskey, in 1999, claimed a method for mandatory arbitration and a system,… Continue Reading

Federal Circuit Clarifies Requirements for Anticipation of Patent Claims

Posted in Patent Law

by Audrey Millemann In Net MoneyIN, Inc. v. Verisign, Inc., 545 F.3d 1359 (Fed. Cir. 2008), the Federal Circuit Court of Appeals clarified the test for anticipation under 35 U.S.C. §102(a). The patents in the case covered systems for conducting credit card transactions over the internet. The existing systems involve four different entities: a customer,… Continue Reading

Intellectual Property Basics

Posted in Copyright Law, Patent Law, Trademark Law

By Audrey A. Millemann The beginning of the year is a good time to review your clients’ intellectual property needs. The first and most important thing to do is to determine what intellectual property the client has. Once the intellectual property has been identified, the means of protecting it can be analyzed and a plan for establishing… Continue Reading