Archive for 'Patent'
Will Patent Reform Legislation Curb “Abusive” Litigation? – A Look at Fee-Shifting and Enhanced Pleading Under H.R. 9 and S. 1137
Written by: Benjamin E. Leace & Christopher H. Blaszkowski This article appeared in the August 5, 2015 Edition of The Legal Intelligencer Patent reform is again looming on the horizon. Legislators are again focused on curbing the “abusive” litigation practices of patent trolls. The House and the Senate have released competing legislation this year, respectively [...]
Written By: Brett J. Rosen & Lisa Mead Should your company spend additional resources to file a new patent application for purely defensive purposes? How should you respond to a cease and desist letter claiming that your company’s product, which has been commercially available for the past five years, is infringing a patent that issued [...]
Posted: January 13th, 2015 under Patent.
Written By: Kenneth N. Nigon and Brian P. O’Shaughnessy The U.S. Patent and Trademark Office (USPTO) has issued revised guidelines for determining patent eligible subject matter following recent groundbreaking precedent, including Alice Corp., Mayo, and Myriad. The guidance substantially alters the USPTO’s earlier, more restrictive examination procedures and instructions to examiners, and address the implications [...]
Written By: Kenneth N. Nigon The America Invents Act (AIA) changed U.S. patent law from a first to invent (FTI) system to a first inventor to file (FITF) system. This change took effect on March 16, 2013, when the new 35 U.S.C. §§ 102 and 103 became effective. While some questions about the new law [...]
Posted: October 30th, 2014 under Patent.
Written By: Sunjeev S. Sikand This article appeared in theSeptember 25, 2014 Edition of IP Law 360 At the heart of nearly every patent litigation is a dispute over the meaning of claim terms. Such disputes often arise in the form of a claim definiteness challenge by the accused infringer. Recently, in Nautilus v. Biosig1, [...]
Written By: Sunjeev S. Sikand This article appeared in the July 22, 2014 Edition of IP Law 360 In proceedings before the Patent Trial & Appeal Board, whether a reference is publicly accessible and therefore qualifies as a prior art printed publication depends on the "facts and circumstances surrounding the reference’s disclosure to members of [...]
Written By: Lawrence E. Ashery This article first appeared in the July 2, 2014 Edition of The Legal Intelligencer When legal principles are at odds with each other, it can be immensely difficult to reach a conclusion that is fair and just. Such is the dilemma in Nautilus v. Biosig Instruments, 572 U.S. _______ (2014). [...]
Posted: July 14th, 2014 under Patent.
Triton Tech v. Nintendo: How Specific Must a Disclosure be About an Algorithm Before it Provides Structure Sufficient For a Means-Plus-Function Claim?
Written By: Derek Richmond This article first appeared in the July 8, 2014 Edition of IP Law 360 Over the last few years, the Court of Appeals for the Federal Circuit (“CAFC”) has held that a means-plus-function term in a claim relating a computer implemented invention must be supported by a corresponding structure, which can [...]
Written By: Lawrence E. Ashery This article first appeared in the May 7, 2014 Edition of The Legal Intelligencer The eligibility of software for patent protection is in the spotlight once again, but this time it is the U.S. Supreme Court that might be making the decision. Oral argument has already taken place in Alice [...]
Supreme Court Revises Fee-Shifting Rules in Patent Cases: Weeding Out Bad Actors in a Level Playing Field
Written By: Brian O’Shaughnessy† and Adam Mossoff* Originally published in LES (USA & Canada)’s weekly e-newsletter,
Posted: May 6th, 2014 under Patent.