In Rain Computing, Inc. v. Samsung Elecs. Co., No. 2020-1646 (Fed. Cir. Mar. 2, 2021), the Federal Circuit reversed a judgment of non-invalidity and in doing so provided clarity to its post-Williamson (792 F.3d 1339 (Fed. Cir. 2015)) means-plus-function
IP Intelligence
Insight on Intellectual Property
The IP Intelligence blog, published by Baker & Hostetler LLP, focuses on intellectual property law developments including patent eligibility, trademark enforcement, and regulatory investigations related to emerging technologies. It covers legal issues such as method of treatment claims in patents, extraterritorial application of trademark laws, and legislative efforts to clarify patent eligibility standards. The blog also addresses enforcement challenges in online marketplaces, the impact of federal investigations on AI technologies, and nuances in trademark rights involving common law users. Its content is aimed at providing updates and analysis on IP litigation, regulatory scrutiny, and legislative changes affecting intellectual property rights and enforcement strategies.
Latest from IP Intelligence - Page 10
Does Your Patent Application Qualify for the PTAB’s Fast-Track Appeal Pilot Program?
By Tayan Patel
The USPTO recently launched the Fast-Track Appeal Pilot Program on July 2, 2020. The Pilot Program is slated to last one year, with a cap of 125 granted petitions per quarter – 500 total for the year. According to a…
USPTO Provides Guidance in View of ‘Booking.com’
On June 30, 2020, the Supreme Court of the United States decided USPTO v. Booking.com B.V., rejecting a rule that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is automatically…
Recent Trends of Pilot-Eligible MTAs and Complementary Post Grant Strategies
By Tayan Patel
The USPTO’s Motion to Amend (MTA) Pilot Program has been in effect for nearly two years. The Pilot Program applies to all AIA trials instituted on or after March 15, 2019. Broadly, the Pilot Program’s objective is to provide patent…
Podcast: Open Source is Everywhere: A Primer for Compliance
Despite the fact that open source or so-called “free” software has been available for more than 30 years, and is likely used in the vast majority of software programs being developed today, many people remain confused as to what it…
Federal Circuit Addresses Printed Publications Under 35 U.S.C. § 102 and the APA Notice Requirement in Inter Partes Reviews
In a precedential opinion, M&K Holdings, Inc. v. Samsung Electronics, Inc. (Fed. Cir. Feb. 1, 2021), the Federal Circuit further clarified the scope of prior art printed publications under 35 U.S.C. § 102. The Federal Circuit affirmed a Patent Trial and…
Considering a Common Phrase as a Trademark? Don’t Expect it to be Registrable.
There have been a number of recent Trademark Trial and Appeal Board (TTAB) cases involving phrase marks. In all instances, the phrases have been refused registration not because of descriptiveness or misdescriptiveness of any kind, but because they fail to…
Podcast: When Fixing One Problem Creates Another: How Patent Infringement Arises Out of Product Repairs
Various products are subject to systems (e.g., purchase agreements) under which product purchasers and third parties are prevented from repairing the products and the only way to repair the product is to proceed through an authorized vendor or the original…
Baked-In Apportionment
In Vectura, the Federal Circuit recently reiterated that the entire market value of an accused multicomponent product may serve as the royalty base if the patent damages analysis is built on sufficiently comparable licenses. Vectura Limited v. Glaxosmithkline LLC, 981…
Third Circuit Finds Pocky Trade Dress Functional, Not Protectable
Product configurations, including cookie shapes, are protectable as trade dress only to the extent the product features are incidental, arbitrary, or ornamental aspects that identify the product’s source. Functional product features are never protectable as trade dress. These tenets of…