In Allgenesis Biotherapeutics Inc., v. Cloudbreak Therapeutics, LLC, [2022-1706] (November 7, 2023), the Federal Circuit dismissed the appeal of the PTAB’s final written decision that claims 4 and 5 of U.S. Patent No. 10,149,820 had not been shown to be unpatentable,
Harness Dickey Blog
Harness Dickey’s team of trademark and patent attorneys serve clients in all areas of intellectual property law, including patents, trademarks, IP litigation, PTAB Proceedings, trade secrets, due diligence investigations, and global IP management.
In response to Detroit’s growing automotive industry, J. King Harness established Harness Dickey in 1921. Serving as the head of the patent department for the Ford Motor Company, Harness understood the value of expertise in intellectual property and set out to open a firm that would focus exclusively on intellectual property law.
Today, we are one of the top IP law firms in the U.S. measured by both the number of attorneys and by objective rankings of results. Our trademark and patent attorneys represent world leaders in business and technology, and our collective experience spans practically every practice area and niche specialty within intellectual property law.
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Extrinsic Evidence Needed to Construe Numerical Limitation in the Claims
Actelion Pharmaceuticals Ltd, v. Mylan Pharmaceuticals Inc., [2022-1889] (November 6, 2023), the Federal Circuit vacated the district court’s claim construction order with respect to the term “a pH of 13 or higher” in U.S. Patent Nos. 8,318,802 and 8,598,227 and…
Co-owned, but Unrelated Application Cited in IDS Does not Inform the Meaning of the Claims
In Malvern Panalytical Inc., v. TA Instruments-Waters LLC, [2022-1439] (November 1, 2023), because the district court erred in construing “pipette guiding mechanism,” the Federal Circuit vacated the stipulated judgment of non-infringement of U.S. Patent Nos. 8,827,549 (“the ’549 patent”) and…
Revised Rule Requiring Use of USPTO Form for IDS Safe Harbor
By Cait Connor
Starting July 17, 2023, to ensure an efficient avoidance of a negative PTA, in certain instances, revised 37 CFR 1.704(d) will include a new paragraph (d)(3) requiring the use of Office form PTO/SB/133 and the appropriate document code (PTA.IDS). The…
Don’t Get Cheesed – Protect Your Video Game’s Intellectual Property
To say that the video gaming industry is booming would be quite an understatement. For years, gaming has been one of the fastest growing segments of the worldwide entertainment industry. Statista notes that in 2022, global revenues topped $200 billion…
Computer-Readable Recording Medium Is Not a Transitory Medium
In Sequoia Technology, LLC v. Dell, Inc., [2021-2263, 2021-2264, 2021-2265, 2021-2266] (April 12, 2022), the Federal Circuit disagreed with the district court’s claim construction for “computer-readable recording medium,” and thus reverses the district court’s ineligibility determination under 35 U.S.C. §…
How Many?
An often critical issue in determining patent infringement is how many of a specified claim element are required by the claim. This issue can arise in a variety of ways:
A or An
The general rule is that “a” or…
Storing and Displaying Video is an Abstract Idea
In Hawk Technology Systems, LLC v. Castle Retail, LLC, [2022-1222] (February 17, 2022), the Federal Circuit affirmed the dismissal of the suit because the asserted patent claims of U.S. Patent No. 10,499,091 on a method of viewing multiple simultaneously displayed…
A TM Lesson From Damar Hamlin’s ‘Did We Win?’ Shirts
An article written by Harness IP associate Jeremiah Foley, was published in Law360 on March 2, 2023. The article is a lesson on commerce and the registration of a trademark.
It describes key lessons learned about trademarking rights by…
A Court Can Only Enjoin Public Accusations of Patent Infringement if They Are Objectively Baseless
In Lite-Netics, LLC v. Nu Tsai Capital, LLC, [2023-1146] (February 17, 2023), the Federal Circuit vacated a preliminary injunction against Lite-Netics patent-related speech, holding that the district court abused its discretion.
Lite-Netics brought a patent infringement action against HBL, and…