ArticleUSPTO Launches New System For Filing And SearchingOn July 9, 2016, the USPTO officially deployed its new e-filing and searching system called Patent Trial and Appeal Board End to End. United StatesIntellectual PropertyBrinks Gilson & Lione
ArticlePour Me Another, Barman. Make It A Double-TakeOn September 9, 2015 Scott Slavick's article, "Pour Me Another, Barman. Make it a Double-Take" was published on InsideCounsel.com.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleInternational Design Patent Filing Considerations After U.S. Entry Into The Hague AgreementOn June 1, 2015 Trevor Copeland and Daniel Parrish's article, "International Design Patent Filing Considerations After U.S. Entry into the Hague Agreement," was published in The Intellectual Property Strategist.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleNew DMCA Registration RequirementsFirst, all first-time agent designations now must be made through the electronic DMCA registration system. United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleFederal Circuit Clarifies "Use In Commerce" RequirementOn May 30, 2008, the Appellant David Couture filed a use-based service mark application for the mark PLAYDOM covering a variety of entertainment-related services.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleFederal Circuit, In Apple Inc. v. Samsung Electronics Co., Ltd. Et. Al., Held That Apple's Analyzer Server Patent Not Infringed By Samsung, And Apple's Slide-To-Unlock And Autocorrect Patents Are Invalid For ObviousnessApple Inc. sued Samsung Electronics Co., Ltd. for infringement of five U.S. patents, including U.S. Patent Nos. 5,946,647 (the Analyzer Server patent), 8,046,721 (the Slide-to-Unlock patent), and 8,074,172 (the Autocorrect patent).United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleStreamlining Case For Trial May Have Unintended ConsequencesA refrain often repeated by courts, jurors and even litigants is that patent cases are too complex, confusing and long. One response to that criticism has been to streamline the case by dropping patents or claims before trial.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleSupreme Court Decides In Alice v CLS That Claims On A Computer-Implemented Scheme Are Patent-Ineligible Under 35 U.S.C. § 101 As Merely Expressing An Abstract IdeaIn so ruling, the Court unanimously affirmed the Federal Circuit’s judgment in the case.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleSupreme Court Rules Licensor Of Patents Has Burden Of Persuasion On Patent Claim Coverage In Declaratory Judgment Action Directed To Patent License In Medtronic v. Mirowski Family VenturesOn January 22, 2014, a unanimous Supreme Court ruled in Medtronic, Inc. v. Mirowski Family Ventures, LLC, No. 12-1128, that a licensor bears the burden of persuasion on the issue of patent claim coverage over products that the licensor asserts fall within the scope of the license. United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleTransitioning To First-Inventor-To-File: Part IFor patent seekers and patent attorneys alike, March 16, 2013 will be a momentous date. United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleU.S. Supreme Court Holds Compliance With FDCA Does Not Preclude Lanham Act ClaimOn Thursday, June 12, the Supreme Court issued its ruling in POM Wonderful LLC v. Coca-Cola Co., No. 12-761, holding that competitors may bring a Lanham Act claim challenging a product label regulated under the Food, Drug, and Cosmetic Act ("FDCA").United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleUSPTO Issues Revised Guidelines For Patent EligibilityOn December 15, 2014, the United States Patent and Trademark Office ("USPTO") published revised guidelines for USPTO personnel to use in evaluating subject matter eligibility of inventions under 35 U.S.C. § 101.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleCourt Orders Owner Of Patent With Claims Considered Abstract Under Alice To Pay Attorney FeesOn December 17, 2015, an Eastern District of Texas Court ordered patent owner eDekka to pay attorney fees amounting to $390,829 to 23 defendants.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleIntroduction Of New Evidence During The Trial Is To Be Expected In Inter Partes Review Trial ProceedingsThe Federal Circuit recently provided guidance on the role of institution decisions and differences in the scope of institution decisions and final written decisions. United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleNew Evidence May Be Presented After Institution Of An IPR ProceedingOn September 26, 2016, the Federal Circuit declined to review en banc a panel decision that a party challenging a patent in an IPR proceeding can present additional evidence of invalidity after a review is institutedUnited StatesIntellectual PropertyBrinks Gilson & Lione
ArticleObviousness: Common Sense Cannot Replace Reasoned Analysis & Evidentiary SupportOn appeal, the Federal Circuit held that the Board's conclusion that it would have been "common sense" for an ordinary artisan to supply the limitation missing from the prior art was not supported by substantial evidence. United StatesIntellectual PropertyBrinks Gilson & Lione
ArticlePTAB Orders Cancellation Of Claims In Its First IPR Final DecisionOn November 13, 2013, the Patent Trial and Appeal Board (PTAB) issued its first final written decision under the new inter partes review (IPR) proceedings in Garmin International Inc. et. al. v. Cuozzo Speed Technologies LLC, case number IPR2012-00001, which also happens to be the first-filed IPR.United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleTick Tock: Timing Implications Of Inter Partes Review In View of ITC ProceedingsIn LG Electronics, Inc. v. Straight Path IP Group, Inc., IPR2015-00196, Paper 20 (PTAB May 15, 2015) the Patent and Trials Appeal Board ("Board") reaffirmed that administrative proceedings such as an ITC investigation are treated differently from district court litigations, and as such the one-year time bar of 35 U.S.C. § 315(b) does not apply to these actions. United StatesIntellectual PropertyBrinks Gilson & Lione
ArticleSupreme Court Review Of Patent Venue GrantedThe Supreme Court has agreed to review the Federal Circuit's decision in VE Holding Corp. v. Johnson Gas Appliance Co., 917 F.2d 1574 (Fed. Cir. 1990), which grants patent plaintiffs...United StatesLitigation, Mediation & ArbitrationBrinks Gilson & Lione
ArticleAfter Final Consideration Pilot 2.0 ExtendedThe USPTO recently announced that the After Final Consideration Pilot 2.0 (AFCP 2.0) has been extended for another year and will now run through September 30, 2016.United StatesIntellectual PropertyBrinks Gilson & Lione