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Icon Patents Shouldn’t Entitle The Patent Owner To Profits On The Whole Device
An important part of the Apple v. Samsung trial is about the exterior casing design patents. But those aren’t the only design patents at issue—the other design patent in the case covers a colorf...
Did You Buy Your Car Just Because Of The Cup Holder?
Opening arguments in Apple v. Samsung started this morning. While round six of the long-running case deals with smartphone patents, the potential impacts range much further. As I noted in ...
Apple v. Samsung, Round Six
A district court trial. A retrial, after part of the verdict was vacated. An appeal to the Federal Circuit. A Supreme Court opinion with a remand to the Federal Circuit. A remand from the Fede...
Nikola v. Tesla Illustrates Danger Of Overreaching With Design Patents
Last week, Nikola sued Tesla over advanced technology trucks. But it isn’t about the technology. It’s not AC vs. DC or Edison vs. Tesla. It isn’t even about electric vehicles (or hyd...
A Little More Than Forty Percent: Outcomes At The PTAB, District Court, and the EPO
In the run-up to Oil States, a frequent criticism by opponents of patent reform was that the PTAB was “unfair” and that it invalidated patents at a rate far higher than the district courts would i...
PTAB Will Continue To Double-Check Its Work—All Of It
Today, the Supreme Court issued two opinions in cases focused on the inter partes review (IPR) procedure. First, in Oil States v. Greene’s Energy Group, the Court upheld the constitutionality of I...
Iancu’s First Hearing Answers Questions, Leaves More Open
On Wednesday, April 18, new USPTO Director Andrei Iancu appeared for his first oversight hearing in front of the Senate Judiciary Committee. The Director was more open with the Committee compared to...
The Patent Examination Process Shouldn’t Be An Oversight
Director Iancu will be appearing for his first oversight hearing tomorrow, Wednesday, April 18. This follows on his recent speech at the Chamber of Commerce, at which he emphasized two areas of focu...
What’s In A Name? At The Patent Office, Possibly More Than You Think
In an ideal world, patent examiners are perfect neutral arbiters. They find the best prior art and always make the right decision as to whether an idea is new and entitled to a patent. In ...