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Copyright Lessons from Taylor Swift
In 2017, Sean Hall and Nathan Butler filed a copyright infringement lawsuit against Taylor Swift, alleging that Swift’s 2014 song Shake It Off includes lyrics from Hall and Butler’s 2001 song Playas Gon’ Play. Specifically,…
Read MoreConsiderations for Legal Arguments in Patent Prosecution
Patent prosecution is often performed by addressing the technical merits of the art cited by the Examiner in the response. This may include submitting arguments about the teachings of a particular reference. However, patent prosecution…
Read MoreThe Written Description Requirement for Negative Claim Limitations
A “negative claim limitation” is language recited in a patent claim that speaks to the absence of a feature, as opposed to a positive claim limitation that recites the presence of a feature. Key phrases…
Read MoreParis Convention Pitfalls When Filing Follow-on Patent Applications
The United States and most countries around the world are party to the Paris Convention for the Protection of Industrial Property (“Paris Convention”), signed in Paris, France on March 20, 1883. The treaty establishes common…
Read MoreBlockchains: A Brief Primer
Since publication of the Bitcoin blockchain in 2009, blockchains and cryptocurrencies have garnered much public attention. A blockchain contains a secure and tamper-resistant ledger of transactions. Additional blockchain characteristics include the lack of a central…
Read More§101 Applied to Mechanical Claims
The 2019 Patent Eligibility Guidance (PEG) provided by the United States Patent Office (USPTO) has helped, to some degree, calm the § 101 storm as between patent examiners and stakeholders. The Federal Circuit, however, is…
Read MorePrimer for Patenting Methods of Treatment
Under ideal circumstances an applicant generally tries to obtain a patent that claims the underlying invention as a substantive and definitive object or composition. In doing so, the claims extend protection from the invention itself…
Read MoreWhen Is It Okay To Buy Counterfeit Goods?
By: Brian Platt and Tim Nichols Our law firm frequently challenges online e-commerce sellers for their unlawful sale of counterfeit goods. We are often asked about counterfeit goods: why should you “pay more” for genuine…
Read MoreEvolution of Patentable Subject Matter
Over the past 200 years, the Supreme Court has grappled with challenging issues in areas where advanced technology and patent law collide. In recent years, the Supreme Court has issued opinions aimed at further defining…
Read MoreSign Your Own Name: A Review of Office of Enrollment and Discipline Decisions In 2021
Numerous individuals have been indicted, convicted, and imprisoned for violating 18 USC 1001, which prohibits lying to government officials. Many, if not most, actions performed before the USPTO are subject to this statute. While prosecutions…
Read MoreSometimes, Being Methodical May Not be Enough
It is common practice in patent applications for software implemented inventions to include patent claims of various types, such as method claims, computer readable media (CRM) claims, and system claims. The employment of such claim…
Read MoreAmazon Crime: Sellers Conspire to Pay Bribes to Amazon Insiders, Earning $100M in the Process
By: Brian Platt and Tim Nichols On Friday, September 18, 2020, the United States Attorney for the Western District of Washington made a shocking announcement: a grand jury in Washington indicted six individuals for paying…
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