Harness, Dickey & Pierce, PLC

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5445 Corporate Dr
Suite 200
Troy, MI 48098, United States
Phone: (248) 641-1600
Fax: (248) 641-0270
Areas of Practice
  • Appellate Practice
  • Intellectual Property
  • International Law & Trade
  • Litigation
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • Michigan
  • Missouri
  • Texas
  • Virginia
Number of Attorneys
100+ Attorneys

Unexpected Results of an Obvious Process are Non-obvious

In Millennium Pharmaceuticals, Inc., v. Sandoz Inc., [2015-2066, 2016-1008, 2016-1009, 2016-1010, 2016-1109, 2016-1110, 2016-1283, 2016-1762] (July 17, 2017), the Federal Circuit reversed the district court, finding that…more
 /  Intellectual Property, Science, Computers, & Technology

Hey Boo-Boo, Defining Terms in the Specification is a Pic-i-nic

A definition in the patent’s specification can be critical in defining the scope of the claims. According to the patent statute, the claims and specification are directed to a person of ordinary skill in the art, but it is…more
 /  Intellectual Property

BRI-Proof Your Claims

By Bryan K. Wheelock, Principal There are many benefits to employing means + function claiming under 35 USC §112(f).  The Federal Circuit recently pointed out a new one: protecting your claims from the application by the…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Patents Don’t Sue People, People Sue People

On July 13, 2017, The Subcommittee on Courts, Intellectual Property and the Internet of the House Judiciary Committee held a hearing on The Impact of Bad Patents on American Businesses. Such a loaded topic should strike fear in…more
 /  Elections & Politics, Intellectual Property

Lack of Clarity for Reason for Denying Permanent Injunction Results in Remand

In Genband US LLC v. Metaswitch Networks Corp., [2017-1148] (July 1-, 2017), the Federal Circuit vacated the denial of a permanent injunction and remanded for reconsideration…more
 /  Civil Procedure, Civil Remedies, Intellectual Property

Gotta Wanna Needa Getta Hava Injunction

Bojangles International, LLC — originator of the Cajun Filet Biscuit that it promotes with the jingle “GottaWannaNeedaGettaHava” — has sued Hardees for selling a Cajun Chicken Biscuit and using the phrase…more
 /  Civil Remedies, Communications & Media Law, Intellectual Property

PTO Erred by Not Identifying Algorithm Corresponding to §112, ¶ 6 Element Before Invalidating Claims

In IPCOM GmbH & Co. v. HRC Corp., [2016-1474] (July 7, 2017) the Federal Circuit found that the Board failed to conduct a proper claim construction of the “arrangement for reactivating the link” claim limitation, and…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Weak Infringement Position Makes Troll-like Behavior Exceptional

In Adjustacam LLC v. Newegg, Inc., [2016-1882] (July 5, 2017) the Federal Circuit reversed the district court’s decision not to award attorneys’ fees to defendant after plaintiff voluntarily dismissing its complaint after a…more
 /  Civil Procedure, Civil Remedies, Intellectual Property

Written Description Must Support Claims; Not Exclude Alternatives

In The Board of Trustees of the Leland Stanford Junior University v. The Chinese University of Hong Kong, [2015-2011] (June 27, 2017), the Federal Circuit vacated the PTAB’s determination in an interference that Stanford’s…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Make Patents Great Again (or at least Make them STRONGER)

Senators Coons, Cotton, Durbin, and Hirono have introduced the STRONGER Patents Act of 2017, proposing a large number of improvements to U.S. patent law. While the Bill does a lot to improve patents from an inventor’s…more
 /  Administrative Law, Civil Procedure, Intellectual Property

Independence Day Patents

Inventors are constantly working, and holidays are no exception. Holidays seem to be a source of inspiration for many inventors, in fact, and Independence Day is no exception…more
 /  Intellectual Property

Gnireenigne

Reverse engineering (now does the title make sense?) is a common and legitimate business practice. The federal Defend Trade Secrets Act even specifically excludes reverse engineering from the definition of misappropriation: see…more
 /  Intellectual Property, Science, Computers, & Technology

Give a Man Cupcake Sushi, and He’ll Have Dessert for a Day; Teach a Man to Make Cupcake Sushi, and He’ll Rip You Off

Lori Shubert and her company, Cupcake Sushi, LLC, filed an interesting lawsuit against Santiago and his associates, doing business as Sushi Sweets, for patent infringement, trademark infringement, misappropriation of trade…more
 /  Business Torts, Communications & Media Law, Intellectual Property

For Waterproofing Patent, Arguments Against Obviousness Didn’t Hold Water

The Federal Circuit’s decision in Outdry Technologies Corporation, v. Geox S.P.A. discusses some criteria for determining whether or not the explanations provided by the PTAB in an IPR decision are sufficient to support a…more
 /  Administrative Law, Civil Procedure, Intellectual Property

“Catch-All” Phrases Insufficient To Give Proper Notice of Grounds for Petition

In Emerachem Holdings, LLC v. Volkswagen Group of America, Inc., the Federal Circuit made clear that “catch-all” phrases in a Petition for IPR and/or a Board’s Institution Decision are insufficient to put a patent owner on…more
 /  Administrative Law, Civil Procedure, Intellectual Property
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