Environmental Patent Litigation: A Filewrapper® Series on Environmental Technology and Patent Protection-Part V In this final week of the Filewrapper® series on considerations for environmental technology, we will be discussing environmental intellectual property litigation and wrap up with final conclusions and thoughts. The grant of a patent is the right to exclude others from the practicing the invention. On the other end of the spectrum is technology that […] Continue Reading →
Patent and Trade Secret Protection Considerations: A Filewrapper® Series on Environmental Technology and Patent Protection-Part IV In this fourth week of the Filewrapper® series on considerations for environmental technology, we will be discussing the tensions that arise in protecting environmental technology through either patents or trade secrets. As with any invention, the selection of trade secret or patent protection comes down to value of the technology as either proprietary or a […] Continue Reading →
Spinal Tap Goes To 11 As Co-Creator Sues Vivendi for $125,000,000 It is nearly impossible to be backstage at a concert and not hear at least one quote from, or a reference to, the mockumentary This Is Spinal Tap. The film, first released in 1984, has gone on to be considered one of the most popular and successful films of all time. It has been included […] Continue Reading →
USPTO Programs and Options: A Filewrapper® Series on Environmental Technology and Patent Protection-Part III In this third week of the Filewrapper® series on considerations environmental technology, we will be discussing USPTO efforts and programs designed specifically for environmental technologies. The concept of prioritizing green technology patents is not new to the USTPO. On December 8, 2009, a USPTO pilot program was launched to accelerate review of green technology patent […] Continue Reading →
Software patents in the Federal Circuit‚¬¦ One step forward, two steps back. Following the United States Supreme Court’s ruling in the Alice Corp. v. CLS Bank Int’l, (S. Ct. 2014) case (which held that abstract ideas are not patentable), the software and computer industry has been fighting and clawing to peel back the layers of the decision in hopes of finding some clarity as to what is […] Continue Reading →
The Federal Circuit Clarifies the Specificity Requirement in Complaints for Direct, Induced, and Contributory Patent Infringement In Lyda v. CBS, the Federal Circuit held that a complaint alleging joint and/or contributory infringement must provide factual allegations for each claim element. Regarding direct infringement, “the pleading requirements of Form 18 [a complaint template provided by the Federal Rules of Civil Procedure] suffice to survive a motion to dismiss”as the form “effectively immunizes a […] Continue Reading →
Technology Driven Environmental Standards: A Filewrapper® Series on Environmental Technology and Patent Protection–Part II Filewrapper® previously introduced a new series of blog postings on the considerations for patent protection of environmental technology. Before discussing patent protection for these emerging technologies, it is beneficial to understand the regulatory system in which environmental technology must live in order to be placed into a commercial setting. While concerns about the quality of […] Continue Reading →