Patenting Abstract Ideas: Technology, Turnstiles, and Transformation
October 19, 2017
Post by Sarah M. Dickhut

Post By Blog Staff On October 18, the Federal Circuit again examined the existing bounds of the patentability of abstract ideas. InSmart Systems Innovations (SSI) v. Chicago Transit Authority, the Federal Circuit determined that SSI’s four patents claimed an abstract idea and were invalid. SSI’s patents were directed to a fare collection system for mass transit (e.g. bus, train, etc.). Instead of using a p....... Read More

To Defer or Not to Defer? Uncertainty Ahead for USPTO Rules
October 16, 2017
Post by Caitlin M. Andersen

Post By Caitlin M Andersen In an en banc decision on October 4, 2017, the Federal Circuit made it easier to amend patents during AIA proceedings. However, in reaching this decision, the Federal Circuit raised questions as to whether Chevron deference would apply to the USPTO’s rules made without following a formal rule-making process. During an inter partes review proceeding, the PTAB denied the petitioner’....... Read More

Levi's Sues Over Pocket "Tab"
October 10, 2017
Post by Nicholas J. Krob

Post By Nicholas Krob Can you use of a piece of fabric no bigger than a fingernail to constitute a trademark infringement?  Levi’s appears to think so. Late last month, Levi Strauss & Co. filed a federal lawsuit in San Francisco against Vineyard Vines, LLC alleging the clothing company has been infringing Levi’s trademark rights by sewing a small “tab” onto the back pocket of its jeans. Levi’s claims ....... Read More

Broadest Reasonable Interpretation is NOT Broadest Possible Interpretation
September 30, 2017
Post by Xiaohong Liu, Ph.D.

Post By Xiaohong Liu In a decision by the Federal Circuit Court of Appeals last week, In re Smith International, Inc., the Federal Circuit reversed the Patent Trial and Appeal Board (“the Board”) decision affirming the Examiner’s rejections of some claims in an ex parte reexamination. The invention is directed to a downhole drilling tool for oil and gas operation. The involved claims recite the word “body”....... Read More

Federal Circuit Emphasizes “Why” is Important Part of Obviousness Rationales in Chemical Patent Cases
September 21, 2017
Post by Jonathan L. Kennedy

Post By Jonathan L. Kennedy In a recent decision by the Federal Circuit Court of Appeals, In re Stepan Company, the Federal Circuit reversed the Patent Trial and Appeal Board decision to affirm an examiner’s rejection that claims were obvious.  The claims in the application were directed to ultra-high load, aqueous glyphosate salt-containing concentrates comprising water, a glyphosate salt in an aqueo....... Read More

Kraft v. Kellog Co.: Objective Evidence of Non-Obviousness
September 21, 2017
Post by Gregory "Lars" Gunnerson

Earlier this month, the Federal Circuit decided Intercontinental Great Brands LLC (Kraft), v. Kellog Co., an appeal which arose from a patent infringement suit brought in the Northern District of Illinois. The district court granted summary judgment in favor of defendant—Kellog, finding every claim of U.S. Patent No. 6,918,532 (the ‘532 patent) to be obvious over the prior art. Kraft’s Background of....... Read More

Hollywood Studios Prevail Against Family-Friendly Video Streaming Site
September 14, 2017
Post by Brandon W. Clark

Post By Brandon Clark In a 3-0 ruling, a federal appeals court sided with Disney, Warner Bros., and Twentieth Century Fox by affirming an injunction that shut down movie filtering service VidAngel, Inc., saying that a ruling to the contrary would “create a giant loophole in copyright law”. VidAngel is a video filtering service that lets users stream films without nudity, violence, and alcohol and drug use. The....... Read More

Trade Secrets: Lessons for Employers
September 07, 2017
Post by Patricia A. Sweeney - Of Counsel

Post By Patricia Sweeney Two court cases have provided a potent lesson in the need to interview incoming employees from competitors, and when the so-called “nuclear option” is available, when it is your trade secret that walks out the door. The “nuclear option” is a portion of the Defend Trade Secrets Act that was passed in 2016. Among the remedies for an employer is, in addition to seeking damages and inj....... Read More

YouTube “Reaction Video” Deemed Fair Use
September 01, 2017
Post by Nicholas J. Krob

Post By Nicholas Krob Much of the YouTube community breathed a sigh of relief last week as a New York federal court dismissed a lawsuit that had been brought against two of YouTube’s most popular personalities. On April 26, 2016, Matt Hosseinzadeh filed suit in the U.S. District Court for the Southern District of New York against Ethan and Hila Klein of “H3H3 Productions,” alleging, among other things, tha....... Read More

A Computer Memory System is Not Abstract
August 17, 2017
Post by Blog Staff

Post By Blog Staff In a decision on August 15, 2017, the Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded the district court’s decision in Visual Memory LLC v. NVIDIA Corporation. The CAFC concluded that the district court erred when it held that Visual Memory’s patent No. 5,953,740 (“‘740”) is drawn to patent-ineligible subject matter and dismissed the patent infringement complaint ....... Read More

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