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Patent Insights

Patent Insights

UK Supreme Court Affirms Jurisdiction of English Courts in SEP Cases
By: James Nurton
on August 26, 2020 at 8:15 pm
Publication: IPWatchdog.com | Patents & Patent Law

In a ruling concerning patent portfolios owned by Unwired Planet and Conversant, the UK Supreme Court has upheld lower decisions that English courts can determine fair, reasonable and non-discriminatory (FRAND) terms for worldwide patent licenses, and grant injunctions. The Court’s unanimous judgment in the three cases (Unwired Planet International Ltd and another v Huawei Technologies …

UK Supreme Court Affirms Jurisdiction of English Courts in SEP Cases
By: James Nurton
on August 26, 2020 at 8:15 pm
Publication: IPWatchdog.com | Patents & Patent Law
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Apple v. Prepear: Does Apple Really Need All the Fruit?
By: Nicole Page
on August 26, 2020 at 6:15 pm
Publication: IPWatchdog.com | Patents & Patent Law

How many types of fruit does one mega-company need to protect its trademarks? Apparently, Apple Inc. believes an image of a pear used in connection with a meal preparation app is too close for comfort and that it is entitled to prevent its use. Bananas, you say? Possibly, but it’s also not uncommon for companies …

Apple v. Prepear: Does Apple Really Need All the Fruit?
By: Nicole Page
on August 26, 2020 at 6:15 pm
Publication: IPWatchdog.com | Patents & Patent Law
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Apparel Trademarks: How the Mere Ornamentation Technicality May Be Undermining Your Brand
By: Taylor Foss
on August 26, 2020 at 11:15 am
Publication: IPWatchdog.com | Patents & Patent Law

The value of your company’s intellectual property cannot be understated, particularly in the current economic climate. But this should not be news to you, especially if you are in the business of displaying your brand name or logo on merchandise for sale. In that case, you know how important it is to protect your trademarks, …

Apparel Trademarks: How the Mere Ornamentation Technicality May Be Undermining Your Brand
By: Taylor Foss
on August 26, 2020 at 11:15 am
Publication: IPWatchdog.com | Patents & Patent Law
Read More »

Mandamus Petition to CAFC Sets Up Showdown Between Article III Courts and Stacked PTAB Panels
By: Steve Brachmann
on August 25, 2020 at 8:15 pm
Publication: IPWatchdog.com | Patents & Patent Law

On August 13, Sand Revolution LLC filed a petition for writ of mandamus with the U.S. Court of Appeals for the Federal Circuit. The petition asks the Federal Circuit to decide whether U.S. District Judge Alan D. Albright of the Western District of Texas abused his discretion to deny a motion to stay district court …

Mandamus Petition to CAFC Sets Up Showdown Between Article III Courts and Stacked PTAB Panels
By: Steve Brachmann
on August 25, 2020 at 8:15 pm
Publication: IPWatchdog.com | Patents & Patent Law
Read More »

IPR: Not a Taking; Not an Illegal Exaction
By: Dennis Crouch
on August 25, 2020 at 4:41 pm
Publication: Patent – Patently-O

by Dennis Crouch Christy, Inc. v. US (Fed. Cir. 2020) David McCutchen is the inventor of U.S. Patent No. 7,082,640 – a shop-vac that can reverse the air flow (back-flush) in order to clear the filter.  The video below shows how this is implemented.  McCutchen passed-away in 2019, but assigned his patent to his company …

IPR: Not a Taking; Not an Illegal Exaction
By: Dennis Crouch
on August 25, 2020 at 4:41 pm
Publication: Patent – Patently-O
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CAFC: IPR Cancellation Is not a 5th Amendment Taking
By: Dennis Crouch
on August 25, 2020 at 3:13 am
Publication: Patent – Patently-O

CHRISTY, INC. v. US (Fed. Cir. 2020) I’ll add more on this case. The holding is big, but expected. Cert petition to SCOTUS coming this fall: Christy, Inc. asserts that the United States owes it just compensation for the Patent Trial and Appeal Board’s cancellation of claims 1–18 of Christy’s patent, U.S. Patent No. 7,082,640, …

CAFC: IPR Cancellation Is not a 5th Amendment Taking
By: Dennis Crouch
on August 25, 2020 at 3:13 am
Publication: Patent – Patently-O
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NJ Law Limiting Patentee’s Capacity to Sue Upheld on Appeal
By: Dennis Crouch
on August 24, 2020 at 2:59 am
Publication: Patent – Patently-O

by Dennis Crouch This is a quirky case, but the holding is troubling — that a patent owner’s state of residence can prohibit the patentee from using the federal courts to assert their patent rights.  I would think the 14th Amendment is on point: “nor shall any State deprive any person of life, liberty, or …

NJ Law Limiting Patentee’s Capacity to Sue Upheld on Appeal
By: Dennis Crouch
on August 24, 2020 at 2:59 am
Publication: Patent – Patently-O
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How Much Nexus is Too Much Nexus?
By: Dennis Crouch
on August 20, 2020 at 3:36 pm
Publication: Patent – Patently-O

by Dennis Crouch Great question in the new Supreme Court petition of SRAM, LLC v. FOX Factory, Inc.  The Federal Circuit has tightened its belt on Secondary Indicia of nonobviousness — only rarely finding that the claimed indicia are closely enough tied to the claims at issue and creating additional hoops of proof for the …

How Much Nexus is Too Much Nexus?
By: Dennis Crouch
on August 20, 2020 at 3:36 pm
Publication: Patent – Patently-O
Read More »

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