Federal Circuit Addresses Patentability in Terms of Non-Statutory Subject Matter

By Blog Staff

On June 20, 2018, in In re Wang, the United States Court of Appeals for the Federal Circuit (CAFC) held that patent application claims describing a phonetic symbol system were not patentable because it was directed to non-statutory subject matter. Patentable subject matter is laid out in 35 U.S.C. § 101, which states that patentable […]

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The “Sweet and Musky” Smell of Play-Doh: Hasbro Awarded Non-Traditional Trademark

By Nicholas J. Krob

When you think of trademarks, what comes to mind? Is it golden arches atop a fast food restaurant? Perhaps the image of a partially-eaten apple emblazoned on the back of a phone or computer? Or maybe it’s the scent of sweet, slightly musky, vanilla fragrance, with slight overtones of cherry, combined with the smell of […]

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CRISPR Technologies: Overcoming Patentability Challenges in an Increasingly Difficult Patent Landscape

By Sarah M.D. Luth

The term “CRISPR,” which is an acronym for Clustered Regularly Interspaced Short Palindromic Repeats, generally refers to RNA-guided genome editing technology used to engineer the genetic material of organisms with high accuracy and precision. It has wide applications in a variety of fields including genetics, biology, agriculture, medicine, and digital data storage, to name a […]

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Patent Owners can Recover for Lost Foreign Profits

By Blog Staff

On June 22, 2018, in WesternGeco, LLC v. ION Geophysical Corporation, the Supreme Court held that patent owners can recover for lost foreign profits based on 35 U.S.C. § 271(f)(2). The statute states that “[W]however without authority supplies or causes to be supplied in or from the United States any component of a patented invention […]

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Inter Partes Review Proceedings (IPRs) Survive First Constitutional Challenge, But Court Opinion Opens Door to Further Challenges

By Jonathan L. Kennedy

On April 24, 2018, I had posted regarding the U.S. Supreme Court being held in a 7-2 decision (Justice Gorsuch and Chief Justice Roberts dissenting),Oil States Energy Servs. v. Greene’s Energy Group, LLC, that the Inter Partes Review proceedings, commonly referred to as IPRs, do not violate Article III or the Seventh Amendment of the […]

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