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Third Retired CAFC Judge Laments Patent Eligibility Mess

By Kirk M. Hartung

Last week, retired Chief Judge Randall Rader, of the Court of Appeals for the Federal Circuit, expressed concern over the ongoing problem with patent eligibility. Rader, whose 24 years on the Court ran from 1990 – 2014, stated that his former court is contributing to the confusion and flaws on the eligibility issue. Rader blames, […]

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Design Patents Just Got Easier

By Kirk M. Hartung

In a short, four page, precedential opinion issued on October 4, 2021, the United States Court of Appeals for the Federal Circuit held that design patents are limited to specific articles of  manufacture, and not a design in the abstract. In re Surgisil, L.L.P., case number 2020-1940. The patent applicant, Surgisil, filed a design patent […]

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What is Assignor Estoppel and What Implications Remain Post Minerva?

By Blog Staff

Particularly within the patent industry, it is common to see that an employment agreement contains a provision where an employee agrees to assign the rights in any future inventions developed during the course of employment to the employer. Provided the prevalence of assignments filed in patent applications, inventors and patent owners should be aware as […]

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THE FIGHT IS ON: MOHAMMAD ALI V. ALIBABA

By Kirk M. Hartung

The U.S. Trademark Trial and Appeal Board will referee the thriller action between two giants over the rights to the trademark/name ALI.  In case number 91269471, Alibaba Group Holding Limited has challenged application serial number 90/203382 filed by Mohammad Ali Enterprises, LLC. Alibab’s opposition filing is 419 pages long, including a 20 page brief and […]

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Aevum UAV’s Ravn X to Deliver Cargo AND Launch Rockets

By Gregory Lars Gunnerson

The Ravn X (Aevum) unmanned aircraft will be used to both deliver cargo and launch rockets, pending approval from the Federal Aviation Administration. For its intellectual efforts in this space, the company was awarded U.S. Patent No. 10,994,842. The heart of the invention concerns a payload delivery system for an aircraft. Aevum is the first […]

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Walmart “Tryin’ to Break Me Down”: Retail Giant Opposing Kanye West’s Yeezy Trademark 

By Nicholas J. Krob

As Kanye West once rapped, “We at war with terrorism, racism, but most of all, we at war with ourselves.” Well, now he can add Walmart to that list. Last December, Kanye West’s apparel brand Yeezy, LLC filed a trademark application for a logo “consist[ing] of eight dotted lines . . . arranged at equal […]

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Federal Circuit reiterates the principle that when a § 103 rejection is based on a single prior art reference, the reference must be self-enabling in order to render the claimed invention obvious

By Joseph M. Hallman

On April 16, 2021, in Raytheon Technologies Corp. v. General Electric Co., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed a decision by the Patent Trial and Appeal Board (“PTAB”) regarding unpatentability due to obviousness under 35 U.S.C. § 103. In its decision, the Federal Circuit made clear that when […]

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Supreme Court Sides with Google in Major Copyright Case

By Brandon W. Clark

On Monday, the Supreme Court handed Google a win in a long-standing copyright dispute over the software used in the Android mobile operating system. The case dates back to 2005, when Google included roughly 11,500 lines of code from an Application Programming Interface (API), a tool that allows software applications to more easily communicate by […]

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When Business Relationship Information is Not a Trade Secret: Review by the Federal Circuit

By Sarah M.D. Luth

On March 12, 2021 the Federal Circuit provided a precedential opinion affirming a Florida district court’s decision declining to seal information regarding a business relationship between two businesses where the party seeking redaction failed to prove that the information was a trade secret. Plaintiff DePuy and Defendant Veterinary Orthopedic Implants, Inc. (VOI) are competitors in […]

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Federal Circuit Judge Evan Wallach Taking Senior Status

By Gregory Lars Gunnerson

Seat 9 of the Federal Circuit is being vacated by Judge Evan Wallach, who was appointed by President Barack Obama and will take senior status. President Joe Biden will thus be tasked with nominating the seat’s next holder. The seat will be officially vacated on May 31, 2021. The last seat to open up on […]

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