Sketchbook

February 12th, 2018100(ish) Days Until GDPRIn a little more than 100 days (May 25th, 2018), a sweeping regulation known as the General Data Protection Regulation…Read More

October 17th, 2016MCRO v. Bandai – An Updated Look at Subject Matter Eligibility of Software MethodsOn September 13, 2016, the U.S. Court of Appeals for the Federal Circuit issued an opinion that provides additional guidance…Read More

October 10th, 2016Divided InfringementDivided Infringment by Brad Barger from Workman Nydegger Patents provide companies and inventors with an important asset that can be used…Read More

September 30th, 2016Overcoming Alice RejectionsArguing Alice- Down the Rabbit Hole  With some exceptions, patent practitioners have primarily focused on rejections under 35 U.S.C. 102,…Read More

September 12th, 2016The ‘Wayback Machine’ in Patent Prosecution and Litigation"The Wayback Machine (WBM), provided by archive.org, periodically “crawls" selected websites and archives their contents.  This post provides an overview of…Read More

July 28th, 2016BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC, AT&T Corp. (decided June 27, 2016)See decision here. BASCOM sued AT&T for infringement of BASCOM’s U.S. Patent No. 5,987,606. The case was dismissed by the…Read More

April 4th, 2016Lexmark v. Impression Products: En Banc Federal Circuit Reconfirms Pro-Patentee Limitations on Doctrine of Patent ExhaustionOn February 12, 2016, the en banc Federal Circuit issued its decision in Lexmark Int’l, Inc. v. Impression Products, Inc.,…Read More

June 30th, 2014Supreme Court Rules That Aereo’s Real-Time Streaming of Over-the-Air Television Constitutes a Public Performance of Copyrighted WorksOn June 25, 2014, the U.S. Supreme Court issued its decision in American Broadcasting Companies v. Aereo, Inc.  The Court…Read More

June 20th, 2014Supreme Court Holds That Methods and Systems Providing “Generic Computer Implementation” of “Intermediated Settlement” Are Not Eligible For PatentingOn June 19, 2014, the Supreme Court issued its decision in Alice Corp. v. CLS Bank International.  The case involved…Read More

February 25th, 2014En Banc Federal Circuit Again Declines to Apply “Clearly Erroneous” Deference to Factual Findings in Patent Claim Construction RulingsOn February 21, 2014, the Federal Circuit issued its long-awaited decision in Lighting Ballast Control LLC v. Philips Electronics North…Read More

January 28th, 2014Supreme Court Rules That Licensor Has Burden of Proving Infringement Even When Licensee Is The PlaintiffOn January 22, 2014, the Supreme Court issued its decision in Medtronic, Inc. v. Mirowski Family Ventures, LLC.  Medtronic has…Read More

January 8th, 2014Fractus v Samsung – The Plot ThickensThe twists and turns in the Fractus / Samsung wars recently took another interesting turn.  As previously reported, in May…Read More

November 18th, 2013A New Spin on Fresenius – Fractus Uses Stay of Inter Partes Reexamination to Move Ahead in Race to Federal CircuitIn a decision that has more twists and turns than the Keystone Cops, the PTAB has granted a patent owner…Read More

September 19th, 2012The Federal Circuit Decides Akamai and McKesson Cases, Expanding Liability In Cases of Divided InfringementOn August 31, 2012, the Federal Circuit issued its long-awaited en banc opinion in the companion cases of Akamai Technologies,…Read More