Trade Secret Protections at the Patent Office
The USPTO is hosting a free symposium on Trade Secret Protections – May 8, 2017, from 9 a.m. to 4 p.m. EDT at the Alexandria HQ as well as via webcast. More info here:...
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Issue Preclusion: Claim Construction in Prior Lawsuit
by Dennis Crouch Phil-Insul Corp. (IntegraSpec) v. Airlite Plastics (Fed. Cir. 2017) [IntegraSpec]. IntegraSpec’s U.S. Patent No. 5,428,933 covers an insulated concrete form (Styrofoam molds) used in...
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“Exemplary Embodiments” as Boiler Plate
Skedco v. Strategic Operations (StOps) (Fed. Cir. 2017) The district court sided with the accused-infringer StOps – finding (on summary judgment) no-infringement of Skedco’s exclusively licensed U.S....
View ArticleWrongly Affirmed Without Opinion: At the Supreme Court
Shore v. Lee (Supreme Court 2017) In a new petition for writ of certiorari, patent attorney and inventor Michael Shore has challenged the propriety of the Federal Circuit’s continued approach of...
View ArticleStep one: Find the Gist (Do not Construe)
In Blue Spike v. Google, the patentee has asked the Supreme Court to further elucidate its test for eligibility under Mayo, Alice, and Myriad with the following three questions presented. May...
View ArticleOff-Book Claim Constructions: PTAB Free to Follow its Own Path
Intellectual Ventures v. Ericsson (Fed. Cir. 2017) In a non-precedential decision, the Federal Circuit has rejected IV’s procedural due process claim against the PTAB – holding that the PTAB is free to...
View ArticleInterpreting the Interpretation of the Broadest Interpretation
By Dennis Crouch Nestle USA v. Steuben Foods (Fed. Cir. 2017) (nonprecedential) In its final written decision, the PTAB sided with the patentee – holding that IPR-challenged claims were not obvious....
View ArticleWritten Description, Disclosed Embodiments, and BRI
By Dennis Crouch The vast majority of written description problems arise when the patentee amends or adds claims with limitations not found in the original claim set and using language that does not...
View ArticleIPR Petition Response => Claim Construction Disclaimer
Aylus Networks v. Apple (Fed. Cir. 2017) The court here holds that claim construction “prosecution disclaimer” applies to statements made by the patentee in a preliminary response to an IPR proceeding....
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Remarks By Director Michelle K. Lee at the George Washington University...
The following is an excerpt from PTO Director Michelle Lee’s keynote address today, at George Washington University Law School. Read the full remarks here.- DC How do we continue to incentivize …...
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