Post By Blog Staff In Trading Technologies v. GQG, the Federal Circuit addressed the patentability of software directed to a specific purpose. Trading Technologies owns patents for a computerized method and system for trading stocks, and other related goods. The method relies on improved software and user interface to facilitate stock transactions at a faster and more efficient pace. The system as a wh....... Read More
Post By Jonathon L. Kennedy The USPTO published its annual Performance and Accountability Report for the 2016 fiscal year. The Report tracks “agency’s progress toward meeting goals outlined in our 2014-2018 Strategic Plan: optimizing patent quality and timeliness; optimizing trademark quality and timeliness; and providing domestic and global leadership to improve intellectual property policy, protection, and enfor....... Read More
Post By Kirk M. Hartung For the 24th straight year, IBM has received more U.S. patents than any other entity. In 2016, the Patent Office issued 8088 patents to IBM covering a wide range of inventions, including cloud computing, cyber security, artificial intelligence, cognitive computing, health care, medical devices, and drones. These patents named over 8500 different inventors from 47 states and 47 ....... Read More
Post By Marcus Smetka The America Invents Act implemented the Post-grant Review (PGR) process as a new means of challenging existing patents. PGR differs from Inter Partes Review (IPR) in that PGR allows for a wider array of invalidity challenges. One example of a new challenge allowed under PGR is the ability to challenge the claims as being indefinite. However, Post-grant Review is only available for patents fil....... Read More
Post By Nicholas Krob 2017 is fast approaching, which means one thing: It is time to select, and soon start implementing, your new year’s resolution! For most businesses, there are few resolutions better than those designed to help protect the company’s valuable intellectual property. Accordingly, consider making the review and maintenance of your company’s trademark portfolio this year’s resolution. One o....... Read More
Post By Marcus Smetka In 2004 JobDiva registered the service mark JOBDIVA (U.S. Registration 2,851,917, hereinafter ‘917) for “personnel placement and recruitment” services. In 2005, JobDiva registered the service mark JOBDIVA (plus design) (U.S. Registration 3,013,235, hereinafter ‘235) for “personnel placement and recruitment services; computer services, namely, providing databases featuring recruitment ....... Read More
Post By Xiaohong Liu One of the most important US Supreme Court decisions in 2016 or in recent years is Halo Electronics Inc. v. Pulse Electronics Inc. In Halo, the Supreme Court reshaped the law on enhanced damages by relaxing the standard for providing willful infringement and making it easier for patent owners to recover enhanced damages. Before the Halo decision, obtaining enhanced damages f....... Read More
Post By Brandon Clark The Digital Millennium Copyright Act (DMCA) safe harbor provision is one of the most important copyright laws of today’s online focused society. As of December 1, 2016, the Copyright Office has enacted a new set of rules one must follow to register a DMCA agent. The new system makes registration cheaper and easier but does require website owners and hosts to take proactive steps to en....... Read More
Post By Caitlin M Anderson Since May 2015, Filewrapper, along with the intellectual property community, has been closely watching the heated Apple v. Samsung design patent and trade dress row. On December 6th, the Supreme Court upset the controversial $400 million damages award to Apple, essentially holding that such penalties are available for the “article of manufacture,” which may not mean....... Read More
Post By Patricia Sweeney It’s just nine months old, but the new Defend Trade Secrets Act provides for a new stronger defense of key intellectual property. Enacted May 11, 2016, the law provides for the first time for a uniform federal law protecting trade secrets. Previously, trade secrets could be enforced only according to variable state law, and in state courts. ....... Read More
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