Inventions

News & Analysis as of

April Court Decision Round-Up

Note: Beginning this month, IP Law Tracker will highlight significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District of Michigan and...more

The Fact That an Argument Is a Loser Is Not Enough to Make It Stand Out in a Crowd

Order Denying Defendant’s Motions for Sanctions and Attorney Fees, Kreative Power, LLC, v. Monoprice, Inc., Case No. 14-cv-02991-SI (Judge Susan Illston) - Little more than a year has passed since the Supreme Court...more

Jointly Owned Inventions and Patents

Difficulties can arise with respect to jointly owned inventions and patents if a written agreement is not in place which specifies the rights and responsibilities of the respective joint owners. Do not rely on oral...more

Diehr in the Headlights | Photonics Patents Blog

Since last year’s decision in Alice v.CLS Bank by the Supreme Court, the number of patents for computer-based inventions that have been struck down by challenges of their eligibility for patent protection has skyrocketed. ...more

Don't Get Burned by Unsolicited Ideas

The Company Perspective - Many companies are unsure what to do when receiving unsolicited suggestions from outside the Company. A sound intellectual property program will include a policy regarding the receipt of...more

Tips for Developing a Cost-Effective Foreign Patent Strategy

According to a recent survey of over 100 companies and universities, nearly 93% who filed patent families in 2013 filed at least some of those patent families internationally. While obtaining patent protection abroad is...more

Do We Have the Right to Sell Our Products/Services?!

Intellectual property (IP) due diligence is an assessment of the IP owned or used by a company and third-party IP rights that may impact the company’s business. More often than not, companies do not think about IP due...more

Assignment Consideration Can Be Representation, Support and Opportunity - Memorylink Corp. v. Motorola Solutions, Inc.

Addressing whether a patent was properly assigned and whether claims of inventorship fraud were properly barred by the statute of limitations, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s summary...more

Blog: The ABCs of PIIAAs: Protecting Employee-Generated IP

Companies seeking to avoid employment disputes and to secure intellectual property rights to their employees’ inventions should make sure that all employees have signed confidentiality and inventions assignment agreements. ...more

United States Property Investments under Section 956 of the Code

I. Background and Overall Scope of Section 956 - The overall purpose of section 956 is to tax investments made by CFCs in specified categories of “United States property” on a constructive dividend basis. The...more

Considerations for International Inventions – Foreign Filing Licenses

In today’s age of international commerce, product development often takes place on an international scale. Many companies have design centers in multiple countries, with design teams that span the globe. What are the patent...more

Tech Transfers in the Lifecycle of a Pre-Sales Revenue Biotechnology Venture Destined for IPO Success

Many biotech ventures begin life as an invention conceived by a scientist/professor working in a laboratory at a federally-funded university or scientific institute. The intellectual property underlying such inventions is...more

Think Twice When Writing About the “Invention” in a Patent Application

Two recent Federal Circuit decisions emphasize that characterizing the “present invention” by using that term in a U.S. patent application specification can limit the claims according to that characterization. See...more

Have the Courts lowered the bar on inventive step?

Implications - A number of key points arising from the recent AstraZeneca AB v Apotex Pty Ltd [2014] FCAFC 99 decision have broad implications for the assessment of invention step under the Patents Act (1990). -...more

PTAB Rejects “Unusual” Inventor Testimony That His Own Invention Was Not Reduced To Practice and Finds His Claims Not Unpatentable

In a final written decision, the PTAB found the petitioner failed to prove challenged claims unpatentable and rejected “unusual” inventor testimony about reduction to practice that was opposite the typical situation where...more

Selection Invention Found Unpatentable For Obviousness-Type Double Patenting

On August 21, 2014, the Federal Circuit issued a decision in AbbVie Inc. v. The Mathilda and Terence Kennedy Institute of Rheumatology Trust., holding that the claims to a selection invention were invalid based on...more

Inventions and the Ecosystem of Ideas

There are some striking parallels between inventions and living organisms, and between technology in a consumer marketplace and an ecosystem. Insights gained through the comparisons may be beneficial to inventors, companies,...more

Defendants’ Stratagems and Plaintiffs’ Counters in Trade Secret Litigation

Every invention starts out as a trade secret. Not all stay that way. Some become patents. Some get licensed. Some remain trade secrets and become spectacular commercial successes. Others get misappropriated. ...more

Objective Baselessness and Subjective Bad Faith for Exceptional Case Determination Are Still Applicable Even After Octane Fitness

Bianco v. Globus Medical, Inc. - Interpreting recent Supreme Court of the United States precedent that arguably relaxed the legal test for determining whether a case is “exceptional” to warrant an award of attorneys’...more

Patent Perspectives

A patent is a legal right to keep others from making, using or selling an invention. A patent does not of itself give the owner the right to use the patented invention. For example it is quite possible for someone to patent...more

Protecting Your Start-Up’s Core Assets

In my series of posts with advice for start-ups, I think this is the most important one. It is about protecting the heart of your business, i.e. those assets that form its foundation, drive its prospects and distinguish it...more

Benefits of Utility Model Protection

Some countries have a form of patent protection for inventions which do not qualify for regular patent protection. This type of patent—generally called a utility model, and sometimes known as a petty patent—has a lower...more

A Rebuttal to The Economist's "Stalking Trolls"

On March 8th, The Economist published an article deriding both so-called "patent trolls" and "software patents" as being impediments to innovation in the United States. Unfortunately, as we have seen all too often when the...more

Don’t call your invention “the present invention”?

AstraZeneca AB v. Hanmi USA, Fed. Cir. Case No. 2013-1490 (nonprecedential) - A specification and a claim have distinct functions; a specification “describes” the invention and a claim “defines” the invention. One of...more

Statements Describing “the Present Invention” Limit Claim Scope - AstraZeneca AB v. Hanmi USA Inc.

In a non-precedential decision addressing the weight given to a patentee’s statements concerning “the present invention,” the U.S. Court of Appeals for the Federal Circuit affirmed the district Court’s construction, finding...more

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