Marc Kaufman

Marc Kaufman

Reed Smith

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Patent Office Institutes Post-Prosecution Patent Program

The United States Patent and Trademark Office’s new pilot program provides patent applicants with a valuable tool to efficiently and inexpensively advance prosecution after a final office action. The Patent Office...more

7/19/2016 - Examiners Final Action Oral Argument Patent Applications Patent Prosecution Patents USPTO USPTO Pilot Program

Federal Circuit's Enfish is an Important 101 Decision

Applicants for software-related patents will be interested in the Court of Appeals for the Federal Circuit’s decision in the matter of Enfish v. Microsoft Corp., 2015-1244 (Fed. Cir. May 12, 2016). This decision sheds further...more

5/19/2016 - Abstract Ideas CLS Bank v Alice Corp Microsoft Patent Applications Patent Infringement Patent Invalidity Patent Litigation Section 101 Software Patents USPTO

Beyond Bitcoin: Blockchain - The Essential Building Block in Designing the Future

Bitcoin relies on its peer-to-peer network to do two things: maintain the authoritative ledger of transactions and issue new currency. The application of the blockchain is anticipated to extend far beyond financial services...more

5/12/2016 - Bitcoin Block Chain Corporate Counsel EU Financial Sector Popular Regulatory Standards Underwriting Young Lawyers

New Patent Office Memo To Examiners Raises The Bar For § 101 Rejections

Since the Supreme Court’s Alice decision, the Patent Office has struggled with training examiners to properly analyze claims under section 101, and set forth well-reasoned patent-eligibility rejections. The Patent Office...more

5/10/2016 - Abstract Ideas CLS Bank v Alice Corp Examiners New Guidance Patent-Eligible Subject Matter Patents Section 101 Software USPTO

The Supreme Court Will Review Inter Partes Review Standards

CUOZZO SPEED TECHNOLOGIES, LLC, PETITIONER v. MICHELLE K. LEE, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, PATENT AND TRADEMARK OFFICE, the Court of Appeals for the Federal Circuit held that (1), in...more

1/19/2016 - Broadest Reasonable Interpretation Standard Certiorari Cuozzo Speed Technologies Inter Partes Review Proceedings Patent Litigation SCOTUS USPTO

Is One APJ Enough For Post Grant Institution Decisions?

A pilot program proposed by the U.S. Patent and Trademark Office would have a single Administrative Patent Judge (APJ), as opposed to a panel of three, decide whether to institute trial in a post grant patent proceeding, such...more

8/27/2015 - Comment Period Federal Pilot Programs Inter Partes Review Proceedings Patent Infringement Patent Litigation Patent Owner Preliminary Response Patents Post-Grant Review Proposed Regulation USPTO

Supreme Court: Should Appeal Give Deference to Lower Courts on Claim Construction?

On October 15, the Supreme Court heard oral argument in Teva Pharmaceuticals USA Inc., et al. v. Sandoz Inc., et al., case number 13-854. At issue is the level of deference that the Court of Appeals for the Federal Circuit...more

10/20/2014 - Claim Construction Patent Infringement Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents SCOTUS Teva Pharmaceuticals Teva v Sandoz

Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon (3rd Edition)

In this edition: - Introduction - Advertising & Marketing - Brand Protection & Reputational Management - Copyright (EU) - Copyright (U.S.) - Data Privacy & Security -...more

4/24/2014 - Copyright Cybersecurity Data Protection EU FDA Social Media Trademarks UK

Patent Suits Becoming More Onerous for Plaintiffs?

On December 5, 2013, H.R. 3309, “The Innovation Act” overwhelmingly passed in the House of Representatives. H.R. 3309 was introduced October 23, 2013 by Rep. Bob Goodlatte (R-Va.), Chairman of the House Judiciary Committee,...more

12/11/2013 - Federal Rules of Civil Procedure Innovation Act Intellectual Property Litigation Patent Litigation Patent Reform Patents

A New Wrinkle in the Defense of Patent Exhaustion

Introduction - Helferich Patent Licensing LLC ("HPL") is the exclusive licensee of a portfolio of patents directed to sending – to mobile devices – alerts containing links to content. HPL has licensed the patents to...more

8/19/2013 - Affirmative Defenses Mobile Devices Patent Exhaustion Patents

White House Announces Patent Enforcement Recommendations

The White House announced several legislative recommendations and Executive Actions relating to patent enforcement. ...more

6/5/2013

First Inventor to File System Dictates Changes in Patent Filing Strategies

One of the most significant provisions of the recently enacted America Invents Act (AIA), the change from a "first to invent" system to a "first inventor to file" system, will go into effect March 16, 2013. Currently, the...more

2/15/2013 - America Invents Act First-to-File First-to-Invent Patent Reform Patents Post-Grant Review Prior Art

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