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Intellectual Property Science, Computers & Technology

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Patent Proposals in Congress

Since the creation of patent reviews at the Patent Office Trial and Appeal Board (PTAB) by the America Invents Act of 2011, a very high percentage of reviewed patents have been declared invalid. Now, a bill has been...more

Delaware Court Recommends Dismissal with Prejudice of Biosimilar Neulasta Suit

In a Report and Recommendation issued December 7, 2017, Magistrate Judge Burke in the District of Delaware recommended that Amgen’s BPCIA complaint for infringement against Coherus Biosciences Inc. be dismissed with prejudice...more

Intellectual Ventures I LLC v. Symantec Corp. (Fed. Cir. 2018)

Intellectual Ventures (IV) sued Symantec in the District of Delaware, alleging infringement of U.S. Patent No. 5,537,533. The District Court invalidated the '533 patent on a summary judgment motion as being directed to...more

In Re: Power Integrations, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Moor, Mayer, and Stoll. Appeal from the patent Trial and Appeal Board Summary: The broadest reasonable interpretation of a claim term cannot be so broad that it is inconsistent with...more

Impermissibly Redefining ‘Long-Felt Need’ Using Hindsight

Establishing long-felt need requires objective evidence that an art-recognized problem existed for a long period of time without solution. In the past, courts identified the long-felt but unmet need as an art-recognized...more

TVEyes Television Watch Service Not Protected by Fair Use

In Fox News Network, LLC v. TVEyes, Inc., Case No. 15-3886 (2nd Cir. 2018), the Second Circuit reversed a district court decision finding that a television broadcast search and watch service made fair use of Fox’s copyrighted...more

Embedding Content is Safe, Right? A Recent Case Says No, Creating Serious Concerns for Websites with Unlicensed Third-party...

by Fish & Richardson on

In the United States, copyright owners have a number of exclusive rights, including the right to publicly display a work of visual art. This would include, for instance, the right to post a copyrighted photograph on a...more

Dell Inc. v. Acceleron, LLC

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A party in an inter partes review proceeding may not present new evidence or arguments at oral...more

STRONGER Patents Act Being Introduced to the U.S. House of Representatives

by Jones Day on

On March 20, 2018, Reps. Steve Stivers (R-Ohio) and Bill Foster (D-Ill.) announced in an article that they would introduce the STRONGER Patents Act to the U.S. House of Representatives. More formally referred to as The...more

For Fate Of IPR Use, We Can Look To Dr. Seuss

My first presentation about the creation of inter partes review was to a group of Stanford students in 2011. In that presentation, to the amusement of the class, I analogized IPRs to Dr. Seuss’ classic 1961 children’s book...more

Recent Development on Patent Eligibility of Method of Treatment Claims

by Knobbe Martens on

The United States Patent and Trademark Office (USPTO) recently published a new revision to the Ninth Edition of the Manual of Patent Examining Procedure (MPEP) (Revision 08.2017). This revision added a number of chapters...more

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 16, Issue 1

Fair Use and Social Media Sites like BuzzFeed - Fair use, an evolving doctrine and a very popular fallback for those on the Internet, has continued to be “the most troublesome in the whole law of copyright.” Its goal has...more

Orange Book-Listed Patents Challenged in AIA Trial Proceedings

The USPTO recently issued a study concerning AIA trial proceedings challenging Orange Book-Listed patents. The study was presented by the PTAB in a webinar entitled “New PTAB Studies in AIA Proceedings: Expanded Panels and...more

Are Invention Disclosure Documents Protected By Attorney-Client Privilege?

by Fox Rothschild LLP on

A common first step in the patent filing process is the completion of an invention disclosure form. The form asks the inventors to provide basic details about the invention, including who invented it, what problem does the...more

Recent Guidance on Whether the PTAB is Bound by a Prior Claim Construction

Recent decisions from the Federal Circuit provide guidance on whether the PTAB must adopt a prior claim construction that is affirmed by the Federal Circuit. The answer depends on whether the doctrine of collateral estoppel...more

Improved User Interface Survives Section 101 Challenges

by Knobbe Martens on

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., the Federal Circuit held that user interface claims are patent eligible under 35 U.S.C. § 101 because they “recite a specific improvement over prior systems,...more

An Economic Test For Patent Eligibility?

by Foley & Lardner LLP on

In the non-precedential decision issued in Exergen Corp. v. Kaz USA, Inc., Judge Moore considered the time and money it took to develop the invention at issue when deciding that the claims satisfy the patent eligibility...more

Showdown at SCOTUS Looms as SDNY Judge Certifies Her Opinion on Embedded Tweets for Interlocutory Appeal

by Wilson Elser on

On February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants’ motion for partial summary judgment in a case involving the embedding of an image online and called into question the applicability and...more

Massachusetts Supreme Judicial Court Recognizes ‘Innovator Liability’

On March 16, 2018, in a matter of first impression in Massachusetts, the Supreme Judicial Court (“SJC”) joined a minority of states in recognizing a tort theory of “Innovator Liability” – namely, that brand-name drug...more

Can embedding a tweet make you a copyright infringer?

by Thompson Coburn LLP on

Is it illegal to use an embedded link that causes an image on another website to appear on your site? Well, it depends on the court. A federal judge in New York recently held that online publishers who embed tweets that...more

Accounting of profits offers significant benefits to patent owners

by Smart & Biggar on

The Canadian “accounting of profits” remedy for patent infringement, which is not available in the U.S., provides a potentially significant opportunity for companies with Canadian IP rights. Recent court decisions have...more

PTAB Allows Patent Owner to Subpoena and Depose Internet Archives Employee for Limited Purpose

In a recent order, the Patent Trial and Appeal Board (PTAB) granted Patent Owner’s request to seek a subpoena and cross-examine an office manager at the Internet Archives. The request relates to Petitioner’s submission of an...more

Novartis Sues Regeneron Regarding EYLEA® (aflibercept) and ZALTRAP® (aflibercept)

by Goodwin on

On March 19, 2018, Novartis and Grifols sued Regeneron in the Southern District of New York, asserting that Regeneron’s manufacture of its EYLEA® and ZALTRAP® products infringes U.S. Patent No. 5,688,688. Previous cases in...more

Eyetalk365, LLC v. Zmodo Technology Corp. (D. Nev. 2018)

Video Doorbell Patent Found to Be Patent Eligible - Plaintiff Eyetalk365, LLC sued Defendant Zmodo Technology Corp. for infringement of U.S. Patent No. 9,432,638, entitled "Communication and Monitoring System," which issued...more

Hologic, Inc., v. Smith & Nephew, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Newman, Wallach, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Disclosure of a species may provide written description support for a claimed genus when the field...more

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