Drafting the Fine Print: Every Word is Significant in a License Agreement

By Blog Staff

Licensing agreements can be both complex and extensive, however, diligence must be exercised in ensuring that the scope of rights to be transferred are clearly defined. The failure to do so may result in disputes over the interpretation of licensing agreements, where each word and phrase may be painstakingly scrutinized in court. Such disputes arose […]

State Sovereign Immunity Does Not Apply to IPR Proceedings

By Blog Staff

On June 14, 2019 in Regents of the University of Minnesota v. LSI Corp., the Federal Circuit (CAFC) held that state sovereign immunity does not apply in inter partes review (IPR) proceedings. On appeal, the CAFC affirmed a decision by the Patent Trial and Appeal Board (PTAB) that declined to dismiss petitions for IPR proceedings […]

10 Data Privacy and Security Practices Your Business Should Adopt

By Sarah M.D. Luth

Data privacy and cybersecurity practices are becoming increasingly important in view of new legislation, such as the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) as well as the increasing sophistication of hackers and bad actors. Between 2000 and 2017, cybercrime and breaches of privacy impacted more than 4 million individuals. Cybercrime […]

Comparing United States and European Patent Law for Software

By Gregory Lars Gunnerson

Software Eligibility in Europe Programs for computers are partially, albeit explicitly, excluded from patentability under Article 52(2) of the European Patent Convention (EPC). Article 52(3) EPC elaborates, “The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application […]

Petitioning the Director: Why? When?

By Gregory Lars Gunnerson

Typically, patent attorneys are privileged to work side by side with examiners who embrace the collaborative relationship that exists between patent applicants and the United States Patent and Trademark Office (USPTO). It is typical for examiners and patent attorneys to initially disagree on legal and/or technical issues which relate to the claims of a patent […]

Is Congress Finally Doing their Constitutional Duty?

On June 4, 5, and 11, 2019 the Senate Intellectual Property Sub-Committee held hearings regarding the new proposed changes to patent statutes, including to Sections 100, 101, and 112. The Sub-Committee will be hearing from a total of 45 witness on both sides of the debate. Most of the attention during the June 4th and […]

Federal Circuit Sets Limits on Precise Values Included in Claims

By Luke T. Mohrhauser

The Federal Circuit recently reversed a decision of the United States District Court for the Easter District, overturning an award of damages and decision of infringement in a case between rival boat makers, Brunswick Corp. and Cobalt Boats. In doing so, the Court decided that the claims included precise values without any qualifying terms, and […]

Possible Action on Reversing Recent Denial of Software, Business, and Medical Inventions as “Ineligible” for U.S. Patents

By Mark D. Hansing

A progression of court decisions over the last decade, including from the United States Supreme Court, virtually eliminated patents on most software, business methods, medical testing and diagnosis innovations. For example, with respect to software-related innovations, if they (1) did not improve the functioning of computers (e.g. make them run faster) or (2) improve some […]