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Federal Circuit Defines “manufactured” Pursuant to 28 U.S.C. § 1498

By Blog Staff

In FastShip, LLC v. United States, decided on June 5, 2018, the United States Court of Appeals for the Federal Circuit (CAFC) defined the term “manufactured” pursuant to 28 U.S.C. § 1498. The statute states that a patent owner can sue the U.S. government for infringement when “an invention [covered by a U.S. patent] is […]

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A Commentary on Women in the Profession and MVS

By Heidi S. Nebel

A recent article appeared in the Lexis Nexis news piece “Law360”, describing the dismal results of their annual “Glass Ceiling Report”. The article concluded that there had been “limited progress” for female attorneys in a male-dominated profession. Women have represented over 40% of law school students for decades, according to the American Bar Association, yet, […]

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Patent Eligibility of Bioinformatics Innovations

By Sarah M.D. Luth

Bioinformatics has increasingly become of interest in the last decade. Bioinformatics generally refers to the use of computational methods used to compile, analyze, visualize effects, and predict trends or outcomes for oftentimes large data sets. Bioinformatics tools can be applied to gene regulation, immunology, drug repositioning, drug identification, and virtually any other application where a […]

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Fraudulent Invention Development Company Banned

By Kirk M. Hartung

Last month, the Federal Trade Commission announced the settlement of a lawsuit against an invention development company which permanently enjoins the company from further business due to fraudulent and deceitful conduct with inventors. Scott Cooper and his companies, World Patent Marketing and Desa Industries, Inc., used bogus success stories to get clients to pay thousands […]

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Federal Circuit Clarifies Means-Plus-Function Limitations

By Blog Staff

On June 1st, in Zeroclick, LLC v. Apple Inc, the United States Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a district court decision that several patent claims asserted against Apple Inc. were invalid. The district court held that the claims contained means-plus-function limitations and that the specifications did not disclose sufficient […]

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Federal Circuit Judges Encourage Congress to Act on Patent Eligibility

By Kirk M. Hartung

Patent eligibility under 35 U.S.C 101 has been a hot topic in the past few years and in view of several U.S. Supreme Court decisions, including the 2014 caseAlice Corp. Pty. Ltd. V. CLS Bank Int’l, 134 S. Ct. 2347.  In Alice, the Supreme Court concluded that abstract ideas are not patentable, absent something more, […]

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The Federal Circuit Limits Where Corporations “Reside”

By Blog Staff

On May 15, 2018, the United States Court of Appeals for the Federal Circuit decided In Re: BigCommerce, holding that for the purposes of the patent-specific venue statute, 28 U.S.C. § 1400(b), a domestic corporation incorporated in a state with multiple judicial districts resides only in the particular judicial district within that state where it […]

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Design Patents: An Analogy

By Gregory Lars Gunnerson

A recent Webinar moderated by Gene Quinn of IPWatchdog.com titled, “Strategic Use of Design Patents”, analogized a design patent to a tool in a tool box. This analogy is intriguing. For example, a utility patent could be considered a hammer, as it is useful in a wide array of applications and delivers a devastating impact […]

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USPTO Proposed Rule Change to Adopt the Same Standard for Interpreting Claims in AIA Trials as the US District Courts and ITC

By Blog Staff

The big news of this week in the U.S. patent world is the publication of the Notice of Proposed Rule Making (NPRM) by the U.S. Patent & Trademark Office (USPTO) on May 9, 2018, for “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board (PTAB)”. The USPTO […]

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World Intellectual Property Day 2018

By Kirk M. Hartung

On World Intellectual Property day (April 26), President Trump proclaimed his administration’s goal of improving intellectual property rights in the United States. This is similar to the pledge earlier this month by the new director of the U.S. Patent and Trademark Office, Andrei Iancu, in his recent speech to the U.S. Chamber of Commerce to […]

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