The Rollercoaster Ride of Gene Therapy

Gene therapy has had several ups and downs since the idea of editing genes for therapy was first published in 1972. While there have been several instances of successful attempts of treatment in humans, there have also been cases failures which have, at times, temporarily halted clinical studies. One of the main issues with gene […]

2018 Farm Act has important IP Implications

By Heidi Sease Nebel

At long last, the 2018 Farm bill has been approved by Congress and forwarded to the President for signature. As I blogged earlier, the bill has important Intellectual Property Implications. The first is that it adds PVP protection for asexually reproduced plants. The  addition will allow asexually reproduced plants, which are now protectable under the […]

Rapper Sues the Makers of Fortnite Claiming Copyright Infringement of Dance Moves

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Rapper 2 Milly has filed a copyright and right of publicity lawsuit against the makers of the Fortnite video game claiming that they are illegally using a dance move that he created in their wildly popular video game. The Brooklyn-based rapper, whose real name is Terrence Ferguson, alleges that Fortnite-maker Epic Games is misappropriating his dance […]

The European Patent Office Board holds a rule can no longer be used to Reject Plant and Animal Breeding Inventions

The European Technical board of Appeal during an oral hearing December 5th decided a rule that had been used to reject plant and animal breeding claims is in conflict with a European Patent Convention (EPC) Article, with the result of reversing the impact of the rule in preventing patenting of such claims. With this decision, it […]

Palm Restaurant Dispute Leads to Big Monetary Damages

By Kirk M. Hartung

A lawsuit filed in New York State court in 2012 on behalf of minority shareholders of the famous Palm Restaurant has a recent court decision awarding over $71 million to the plaintiffs against defendants for breach of fiduciary duty. This dispute among family members is premised upon 54 undervalued intellectual property licenses and a reasonable […]

Coffee by Drone Delivery

By Kirk M. Hartung

The use of drones in various business applications is becoming common. For example, drones with cameras are used to inspect farm crops, to search natural disaster areas, to provide news coverage,  and to make Hollywood films.  Historical business are being reinvented and new businesses are being developed by the use of these unmanned aerial vehicles. […]

Autel Robotics Co. Escalates Dispute with Largest Manufacturer of Hobbyist and Commercial Drones, SZ DJI Technology Co. (of China)

By Gregory Lars Gunnerson

SZ DJI Technology Co. could lose access to the U.S. market in a patent-infringement lawsuit with Autel Robotics Co. where Autel asserts SZ DJI infringes U.S. Patent Nos.7,979,174 and 9,260,184, which cover rotor attachment and speed changes, and SZ DJI asserts Autel infringes at least U.S. Patent Nos.9,016,617; 9,284,049; 9,321,530; D691,514;9,284,040 and 9,592,744, which cover […]

PTAB Makes Broadest Interpretation on Estoppel in IPRs

Drafting post grant proceeding petitions needs to be done carefully due to their limited space. Last week, the Patent Trial and Appeal Board (PTAB) further increased the pressure to use the limited number of words effectively when Kingston Technology Company, Inc. v. Spex Technologies, Inc. (Case IPR2018-01002) was entered. Kingston, the petitioner, attempted to file […]

Toe Caps, Stripes, and Bumpers: Federal Circuit Revives Converse Sneaker Dispute

By Nicholas J. Krob

While Christian Louboutin has shown that trademark rights may extend to colors used on a shoe, can the design of a shoe itself also be protected? As the Federal Circuit made clear last week, the answer is yes. For years, sneaker giant Converse, Inc. has sought to protect its brand by claiming trademark rights in […]

It’s Better to Show that Claims Belong to an Unpredictable Art

By Blog Staff

A non-precedential opinion does not establish a new law, but usually offers good patent application drafting and prosecution tips. BASF CORPORATION v. ENTHONE, INC., came out from the Court of Appeal of the Federal Circuit (CAFC) last Friday, and reminded me of a good tip: include evidence in the record to show that the claims […]