“Intangible” Software Unpatentable? – AllVoice Developments v. Microsoft

  In this non-precedential opinion (Fed. Cir. 2015) the Court held claims 60-68 of U.S. Patent No. 5,799,273 (the “‘273 Patent‚¬) invalid under 35. U.S.C. § 101 as not being directed to one of the four statutory categories of inventions identified in 35 U.S.C. 101. Claim 60 is set forth below: 60. A universal speech-recognition […]

Apple v. Samsung-Part I, Trade Dress & Functionality

Trade dress is a form of intellectual property related to trademarks, which deals with characteristics of visual appearance, usually of a product or its packaging, but also potentially of a commercial space such as a store or restaurant. Like trademarks, trade dress signifies to consumers the source of a product or service.Also, like trademarks, trade […]

Apple v. Samsung-Part II, A Design Patent Breakdown

  The United States Court of Appeals for the Federal Circuit recently decided the appeal for Apple v. Samsung, involving allegations of trade dress dilution, design patent infringement, and utility patent infringement. The case relates to Samsung’s alleged copying of Apple’s popular iPhone smartphone. A jury previously found that Samsung infringed Apple’s design and utility […]

Inflammatory Post

The Federal Circuit has no Idea What It is Talkinng About

Blurred Lines in Copyright Law Following ‘Blurred Lines’ Jury Verdict

Under the Copyright Act of 1909, a work was protected when it was published with the notice of copyright protection. Although changed by the Copyright Act of 1976, releasing a sound recording of a composition under the 1909 act (i.e., musical notes and lyrics) did not constitute “publication”of a musical work. Thus, for musical works […]

Lost Profit Damages Require Actual Sales by Patentee

The award of damages in patent infringement cases is governed by 35 U.S.C. § 284. The statute provides “[u]pon finding for the [patent owner] the court shall award the claimant damages adequate to compensate for the infringement, but in no event less than a reasonable royalty for the use made of the invention by the […]

Michelle Lee Confirmed as USPTO Director

The Senate on Monday confirmed the White House’s nominee for the long-vacant director position at the USPTO. Director Lee had been serving as Deputy Director and acting Director for over a year, pending the nomination process. Director Lee takes over for former-Director Kappos, who left the position in February 2013. The confirmation has been both […]

Alternative Patent Reform Legislation Proposed in Senate

Even though the America Invents Act is just over 3 years old, patent reform legislation has arisen on several occasions over the past years. The most visible legislative efforts have involved the “Innovation Act” proposed by Senator Goodlatte in 2013, and again in 2015. The version of the Innovation Act introduced in 2013 stalled out […]

Cancelation of Trademarks due to First Actual Use After Application

Federal registration of a trademark provides a number of benefits to the trademark owner, including protection throughout the entire country, advantageous litigation position—for example presumption of validity and enhanced monetary damages—and enlistment of the U.S. Customs Service to stop importation of counterfeit goods. The federal trademark system provides two separate avenues for protecting a mark: […]