In a potentially ground-breaking decision in design patent prosecution, the Court of Appeals for the Federal Circuit handed down In re Maatita, on August 20, 2018. The facts are as follows. Ron...
Inter partes reviews (IPRs) (37 C.F.R. §42.100 et seq.) may be instituted by the USPTO, at its discretion, but there are some defined statutory requirements. On August 17, 2018, the Court of Appeals...
On August 15, 2018, the Court of Appeals for the Federal Circuit issued BSG Tech LLC v. Buyseasons, Inc., which represents one additional case in the §101 jurisprudence. This particular case bears...
On August 10, 2018, a California state jury for the first time found Monsanto’s blockbuster herbicide, ROUNDUP®, was the cause of cancer, finding the weed killer caused a plaintiff’s terminal...
On July 25, 2018, the USPTO submitted for publication a Federal Official Gazette notice of public hearing 2018-16432 pursuant to the Patent Public Advisory Committee (PPAC). The notice specifies...
“Each litigant pays his own attorney’s fees, win or lose.” As such, the Court of Appeals for the Federal Circuit upheld the American Rule by holding that 35 U.S.C. §145 does not require losing...
This case is the latest iteration of a protracted litigation between non-practicing entity Interval Licensing and AOL. In the current case, Interval Licensing LLC v. AOL, Inc., the Court of Appeals...
Anticipation in patent law means the claimed invention lacks novelty, or is not new; in other words, the invention was already invented. Anticipation, as codified in 35 U.S.C. §102(a) (or...
U.S. Patent No. 9,981,886 B2 issued on May 29, 2018, for “Fertilizer.” It was issued to applicant Acupac Packaging, Inc., of Mahwah, New Jersey, and inventors Banak Ghalili of New York, New York,...
What constitutes prior art is not as easy as it may seem. While it may be uncontroverted that a Federal Register notice is prior art, the hyperlinked materials in that notice is what was at issue in...