IP Practicum: USPTO Proposes Patent Fee Increases for FY2019
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...
Fed Circuit Watch: American Rule Does Not Require Applicants to Pay USPTO Attorneys’ Fees
“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...
Fed Circuit Watch: Result-Oriented Claims Not Patent-Eligible
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...
Fed Circuit Watch: PTAB Anticipation Analysis All Wrong
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...
CannabIP: U.S. Patent No. 9,981,886 B2
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,...
Fed Circuit Watch: Hyperlinked Material in Federal Register Notice is Prior Art
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...
CannabIP: U.S. Patent No. 9,943,491 B2
U.S. Patent No. 9,943,491 B2 issued on April 17, 2018, for “Compressed tablet containing cannabidiol, method for its manufacture and use of such tablet in oral treatment of psychosis or anxiety...
CannabIP: U.S. Patent No. 9,962,340 B2
U.S. Patent No. 9,962,340 B2 issued on May 8, 2018, for “Device and method for the transdermal delivery of cannabidiol.” It was issued to applicant Medipatch Inc., of San Diego, California, and...
Software Removing Metadata Not Enough Showing to “Conceal or Induce” Copyright Infringement
Technology is meant to make things easier or improve conditions in society. However, sometimes technology, in the form of software, can sometimes do errant things that can create issues later. So...
“Au revoir” to California Resale Royalties Act, Says Ninth Circuit
In what will be a major case to shake up the art world, the nation’s only droit de suite statute has again been eviscerated as a federal appeals court has found the resale royalty right only applies...
No posts found
Try adjusting your filters