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News & Updates

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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District Court ordered a patent infringement lawsuit filed against operators of an online gambling platform be dismissed

The U.S. District Court for the District of Delaware recently ordered that a patent infringement lawsuit filed against operators of an online gambling platform should be dismissed as all four of patents asserted failed to claim patent eligible subject matter…

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Federal Circuit Revives Amarin’s Patent Case Over “Skinny Label” Generic Vascepa®

Amarin Pharma, Inc. v. Hikma Pharms. USA Inc Authored by: Jeremy J. Gustrowsky The Federal Circuit recently revived Amarin Pharma’s patent infringement case against Hikma Pharmaceuticals, clarifying when generic drug makers can be liable for inducing off-label use, even after…

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Remote Gambling Patent Claims Dealt a Loss Under Patent Eligibility Rules

Beteiro, LLC v. Draftkings Inc. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the dismissal of several patent infringement lawsuits brought by Beteiro, LLC against major online gambling companies like DraftKings, BetMGM, and others. Beteiro…

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Court Reverses Broad Trade Secret Injunction in Insulin Pump Dispute

Insulet Corp. v. EOFlow, Co Authored by: Jeremy J. Gustrowsky A recent decision highlights the high bar companies must clear to win a preliminary injunction in trade secret cases. Insulet Corp., a maker of wearable insulin pumps, had obtained a…

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