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News & Updates

USPTO Now Requires Foreign Patent Applicants to Hire a Registered Patent Practitioner

Authored by: Jeremy J. Gustrowsky The United States Patent and Trademark Office has indicated it will publish a final rule requiring patent applicants and patent owners who are not domiciled in the United States or its territories to be represented…

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USPTO Launches AI Tool That Cuts Trademark Classification Time from Five Months to Five Minutes

Authored by: Jeremy J. Gustrowsky The United States Patent and Trademark Office (USPTO) recently announced the release of a new artificial intelligence tool designed to speed up one of the most time-consuming steps in trademark application processing. Called the “Classification…

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Federal Circuit Upholds Import Ban on Apple Watch Over Blood Oxygen Sensor Patents

APPLE INC. v. ITC Authored by: Jeremy J. Gustrowsky The Federal Circuit has affirmed the International Trade Commission’s finding that Apple violated Section 337 of the Tariff Act by importing Apple Watch models that infringed patents owned by Masimo Corporation…

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Federal Circuit Says You Can’t Disqualify Patent Structure Just Because It Doesn’t Do Something the Claim Never Required

GRAMM v. DEERE & COMPANY Authored by: Jeremy J. Gustrowsky The Federal Circuit reversed a district court’s finding that U.S. Patent No. 6,202,395 was invalid as indefinite, holding that the lower court improperly excluded a key piece of corresponding structure…

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A Conflict of Interest Doesn’t Destroy Attorney-Client Privilege, Federal Circuit Rules

TRUSTEES OF COLUMBIA UNIVERSITY v. GEN DIGITAL INC. Authored by: Jeremy J. Gustrowsky In a case involving Columbia University’s patent dispute with Gen Digital (formerly Symantec/NortonLifeLock), the Federal Circuit reversed a civil contempt finding against the law firm Quinn Emanuel…

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Federal Circuit Sends Columbia University’s Antivirus Patents Back for Another Look at Eligibility

TRUSTEES OF COLUMBIA UNIVERSITY v. GEN DIGITAL INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit vacated a $185 million jury verdict in favor of Columbia University against Gen Digital Inc. (the company behind Norton antivirus software), finding that Columbia’s…

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Post-Decision Inventorship Correction Argument Fails to Override Forfeiture in IPR Proceedings

IMPLICIT, LLC v. SONOS, INC. Authored by: Jeremy J. Gustrowsky The Federal Circuit recently affirmed that a patent owner cannot rely on a post-decision correction of inventorship to reopen final written decisions in inter partes review proceedings. The case centered…

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Beyond the Silver Screen: Hedy Lamarr’s Hidden Legacy as a Pioneer of Modern Technology

Celebrating the Untold Stories of Women Inventors this International Women’s Day When most people hear the name Hedy Lamarr, they picture the glamorous Hollywood actress who graced silver screens in the 1940s and 1950s. What they don’t envision is a…

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No Infringement for One Structure Providing Multiple Functions

MAGNOLIA MEDICAL TECHNOLOGIES, INC. v. KURIN, INC. Authored by: Jeremy J. Gustrowsky When blood is drawn from a patient, microbes on the skin can contaminate the sample, leading to false-positive test results and unnecessary treatments. Both Magnolia Medical Technologies and…

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Federal Circuit Says Damages Can Be Tied to Unaccused Products When There’s a Causal Link

EXAFER LTD v. MICROSOFT CORPORATION Authored by: Jeremy J. Gustrowsky Exafer Ltd. sued Microsoft Corporation, alleging that Microsoft’s Azure Platform infringed two of Exafer’s patents: U.S. Patent Nos. 8,325,733 and 8,971,335. These patents relate to systems and methods for optimizing…

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Inventor’s “Not Sure It’s a Good Idea to Disclose” Comment Wasn’t Enough for Summary Judgment on Inequitable Conduct

GLOBAL TUBING LLC v. TENARIS COILED TUBES LLC Authored by: Jeremy J. Gustrowsky The Federal Circuit vacated summary judgment on both sides of a dispute over coiled tubing patents, finding that genuine factual disputes remained about whether an inventor deliberately…

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U.S. Counsel Requirement for International Trademark Applicants: What Foreign Associates Need to Know

Authored by: Shane T. Moreillon Since August 3, 2019, the landscape for international trademark practice in the United States fundamentally changed. If you represent clients seeking trademark protection in the U.S. market, understanding the mandatory U.S. counsel requirement is essential…

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