Patent Appeal Dismissed: No Standing Without Real Threat of Infringement

Platinum Optics Tech. Inc. v. Viavi Sols. Inc. Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the importance of having a real and immediate threat of harm before a company can appeal a Patent Trial…

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Secret Process Sales Still Trigger On-Sale Bar Under the AIA, Says Federal Circuit

Celanese Int’l Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners and applicants, the Federal Circuit has reaffirmed that selling products made by a secret process before filing for a patent can…

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Cognac vs. Cologne: When Spirits and Hip-Hop Collide in Trademark Law

Bureau Nat’l Interprofessionnel DU Cognac v. Cologne Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed a unique trademark dispute between the French organizations responsible for protecting the COGNAC certification mark and a hip-hop record label…

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Voice Commands for Remote Computer Control Deemed Obvious in Patent Challenge

Voice Tech. Corp. v. Unified Pats., LLC Authored by: Jeremy J. Gustrowsky A recent appellate decision has clarified the boundaries of patentability for technology that allows users to control computers remotely using voice commands from a mobile device. The patent…

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Invention-Con 2024: Expanding your intellectual property potential

The USPTO’s inventors conference will take place August 16-17 in-person and virtually. This free, flagship conference is tailored for the independent inventor and entrepreneur community. Learn how accomplished innovators, inventors, entrepreneurs, and business owners use IP to achieve success, discover…

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Private Sales Don’t Count as “Public Disclosure” to Block Patent Prior Art

Sanho Corp. v. Kaijet Tech. Int’l Ltd Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision clarifies an important rule for inventors: selling your invention privately—even without a confidentiality agreement—does not count as “publicly disclosing” it for the purposes…

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Patent Office Estoppel Rule Survives Challenge, But Its Reach Is Limited

SoftView LLC v. Apple Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit clarified how far the Patent Office can go in preventing patent owners from reclaiming lost ground after losing claims in an inter partes…

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A Win for Patent Procedure: Federal Circuit Clarifies How Patent Owners Can Fix Motion to Amend Errors

ZyXEL Commc’ns Corp. v. UNM Rainforest Innovations Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit provided important guidance on how patent owners can correct mistakes in motions to amend during inter partes review (IPR) proceedings. The…

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Koss’s Wireless Earphone Patents Knocked Out: Final Court Ruling Ends Dispute with Bose

Koss Corp. v. Bose Corp Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit dismissed the appeals in the ongoing patent dispute between Koss Corporation and Bose Corporation over wireless earphone technology. Koss, the owner of U.S.…

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Patent Claims for Background Check Software Found Ineligible

Miller Mendel, Inc. v. City of Anna Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed that certain patent claims covering a software system for managing pre-employment background checks are not eligible for patent protection. Miller…

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Court Affirms Judge’s Power to Order In-Person Testimony in Patent Fraud Inquiry

Backertop Licensing LLC v. Canary Connect, Inc Authored by: Jeremy J. Gustrowsky A recent decision highlights the broad authority federal judges have to require key individuals to appear in person, especially when investigating possible fraud in patent litigation. In Backertop…

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Cancer Test Patent Dispute Leads to Preliminary Injunction Against NeoGenomics

Natera, Inc. v. NeoGenomics Labs., Inc Authored by: Jeremy J. Gustrowsky A recent decision from the Federal Circuit highlights the importance of patent rights in the competitive world of cancer diagnostics. Natera, Inc., a company specializing in oncology testing, secured…

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