MVS Obtains Juristat Software By Heidi Sease Nebel Ever wonder if you have been “blessed” with a difficult Examiner? Wondered if your issue in a case has been successfully resolved in another case? Wondered if your competitors are having the same issues before the United States Patent & Trademark Office (USPTO) as you? Wondered how many cases your competitor has filed? Wondered if […] Continue Reading →
CAFC’s Clarification for Using Claim Preambles as Limitation(s) By Blog Staff According to the United State Court of Appeals for the Federal Circuit (CAFC) precedential opinion decided on March 26, 2019, ARCTIC CAT INC. v. GEP POWER PRODUCTS, INC., the claim preamble terms, such as “A power distribution module for a personal recreational vehicle comprising” or “A personal recreational vehicle comprising”, are not limiting. Two patents […] Continue Reading →
Judicial Exceptions to IP Statutes: Are They Dead? By Kirk M. Hartung On January 8, 2019, the U.S. Supreme Court decided a case involving the Federal Arbitration Act that could have a significant impact on patent law. The Arbitration Act, signed into law in 1925, allows parties to agree to submit disputes to arbitration, rather than litigating in court. Although, sometimes parties disagree as to whether an arbitration […] Continue Reading →
How Many Patents Are Enough for a Product? By Blog Staff The answer to the question of course, depends on the commercial value of the product. However, it is also obvious that the commercial value of a product is closely correlated to the number of patents for its protection. The relationship between commercial value and number of patents is best illustrated by the relevant facts for […] Continue Reading →
Burger King Ribs McDonald’s After Loss of ‘Big Mac’ Trademark in the E.U. By Sarah M.D. Luth In mid-January of 2019, McDonald’s lost its rights to the trademark ‘Big Mac’ in a European case which ruled in favor of an Irish fast food chain, Supermac’s. Supermac’s, founded in 1978 by Gaelic football player Pat McDonagh, offers a burger called the ‘Mighty Mac’. McDonald’s asserted that the ‘Mighty Mac’, along with other Supermac’s […] Continue Reading →
Congress Considers a Patent Eligibility Overhaul By Kirk M. Hartung Some members of Congress have met at least twice to discuss the current difficulties and frustrations with patent eligibility under Section 101 of the patent statutes. While these meetings have been closed-door, attorneys and others representing businesses and industries, have attended. These meetings, in December of 2018 and February of 2019, have been initialed by […] Continue Reading →
Protecting Creativity by Artificial Intelligence: Part 3 By Kirk M. Hartung Artificial intelligence (AI) inventions and discoveries discussed in part 2 of this blog series, which may be protectable with patents, are only one form of creativity by computers. AI can also generate written documents, music, and other creative works of authorship. See for example, CLOEM and AllTheClaims.com. Even software now exists that allows computers to […] Continue Reading →
Protecting Creativity by Artificial Intelligence: Part 2 By Kirk M. Hartung U.S. Patent laws usually have two objectives: 1) To disclose inventions for the benefit of mankind; and 2) To incentivize inventors and investors. Thus, patent protection serves a social benefit and a personal benefit. Currently, thousands of patent applications are being filed in the U.S. Patent Office for inventions directed to AI, and despite the […] Continue Reading →
Additional Update on the Government Shutdown By Gregory Lars Gunnerson As you are most likely aware, the United States government was shutdown for a total of 35 days, the longest shutdown in US history. The shutdown led to 380,000 federal workers being furloughed, and an additional 420,000 workers were required to work without any known payment dates during this period, forcing many to find other […] Continue Reading →
Protecting Creativity by Artificial Intelligence: Part 1 By Kirk M. Hartung Artificial intelligence has progressed to a state where, based upon software and algorithms written by humans, the computer itself can solve problems and discover new and better ways to accomplish desired results. Artificial intelligence is being used in many industries, including agriculture, education, manufacturing, and medicine. The inventions and creations of the computer itself, rather […] Continue Reading →