On January 7, 2019, the United States Patent and Trademark Office (USPTO) published proposed guidance to assist its patent examiners and stakeholders in evaluating proposed claims in light of the Mayo/Alice line of cases and subsequent treatment by the Federal Circuit Court of Appeals. Until now, when evaluating patent-subject-matter eligibility
Just as Jason terminated the counselors at Camp Crystal Lake in the summer of ‘79, screenwriter Victor Miller validly terminated production company Horror Inc.’s rights to the copyright in the screenplay for “Friday the 13th.” In a recent decision1, the U.S. District Court for District of Connecticut found that Victor
On December 10, 2018, the United States District Court for the Southern District of Texas held that sovereign immunity under the 11th Amendment prevented the Court from compelling joinder of a patent licensor, the University of Texas (“UT”), as an involuntary plaintiff to a patent infringement lawsuit brought by its
A patent assertion entity’s sending of a demand letter into a district is sufficient to give rise to personal jurisdiction over that entity. This case is important because the Federal Circuit clarified that demand letters may give rise to personal jurisdiction in the patent context and that a PAE may
On November 26, 2018, the Federal Circuit affirmed a decision of the Trademark Trial and Appeal Board (TTAB) approving the applied-for trademark “Schlafly” of a craft beer brewery that is the surname of the brewery’s founder, Thomas Schlafly. Separate oppositions to the applied-for mark had been brought by two of
A $5M jury award in a trademark infringement case is uncommon enough. But what if the finder of fact found no damages or lost profits from the trademark and trade dress infringement, yet still awarded $5M in punitive damages to the plaintiff? In a recent case instituted by Monster Energy
The Queen of Hearts has been foiled, another software patent has dodged the sword, and in the process the Federal Circuit has penned another stroke on the sparse but developing map of Wonderland. As 2018 drew to a close, the Federal Circuit held that a patent directed towards improving the
The Federal Circuit held that an inventor could challenge his or her own patent via an inter partes review (“IPR”) based on the plain language of the statute authorizing IPRs. Arista Networks, Inc. (“Arista”) filed a petition for IPR of certain claims of U.S. Patent No. 7,340,597 (“the ’597 patent”),
On October 11, 2018, the United States Patent and Trademark Office (“PTO”) published a final rule entitled “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board” (Dkt. No. PTO-P-2018-0036) relating to the patent review mechanisms introduced as part of the
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