Effect of Assigning a Provisional Patent Application?

An assignment of “all inventions and improvements disclosed and described in said provisional application” was effective against later non-provisional applications claiming priority to the provisional application so long a… Read More

Volitional Conduct: an Element of Copyright Infringement

The Ninth Circuit Court of Appeals recently held in Perfect 10 v. Giganews, No 15-5550 (Jan 23, 2017), that an alleged copyright infringer can only be found directly liable if its “volitional conduct” actually causes the infri… Read More

Exciting Technology (and new Intellectual Property?) at the 2016 North American International Auto Show

We saw a lot of interesting technology – and, who knows, maybe some new intellectual property – at this year’s North American International Auto Show, the annual gathering of the automotive industry at Cobo Hall in downtown… Read More

Alice Roundup, Late Summer 2015 - Part 2: Patent-Eligibility under 35 U.S.C. § 101

Although district courts considering patent-eligibility under 35 U.S.C. § 101 and Alice Corporation Pty. Ltd. v. CLS Bank International more often than not find patent claims invalid, some patent claims survive, as evidenced by t… Read More

Webinar: How to Practice Patent Law After Alice

A recording of this webinar is available online. The PowerPoint presentation for this webinar is posted here: How to Practice Patent Law After Alice John Kong’s paper is posted here:  Surviving Alice Gone Wild 12-09-2014 Presen… Read More

Inadequate Infringement Contentions Are Struck

Because of insufficiencies in a plaintiff’s infringement contentions, a plaintiff was precluded from asserting the doctrine of equivalents (DOE) concerning any claim, and was also precluded from asserting any infringement wi… Read More

CFAA - “without authorization” and “exceed authorized access”

This blog has previously covered the division of authority concerning how to interpret “without authorization” and “exceed authorized access” under the Computer Fraud and Abuse Act, 18 USC § 1030.  Does the CFAA merely p… Read More

Functional Language Can Have Patentable Weight

The Federal Circuit has held that functional language in a software claim should be given patentable weight.  In re Jasinski, No. 2012-1482 (Feb. 15, 2013). Accordingly, the Court reversed the U.S. Patent and Trademark OfficeR… Read More

Estoppel and Inter Partes Review of Patent Validity

Do the estoppel provisions of the inter partes re-examination statute preclude a third party from relying on prior art in litigation where, after the third party has included the prior art in its request for inter partes re-examin… Read More

The America Invents Act for Non-Patent Lawyers

The America Invents Act, as every patent lawyer knows, makes significant changes to the practice of patent law in the United States.  Especially if you are not a patent lawyer, you may find helpful my recent article,  “Som… Read More

Upcoming Webinar

The August webinar will feature a special guest, Stephen Dargitz, of Manion, Gaynor and Manning.  Stephen is a trial lawyer based in Wilmington Delaware, who with Thomas Bejin will discuss the impact of TC Heartland v. Kraft Foods along with partic…Register

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