Follow

IP Sketchbook Blog

Articles: 1-10 of 113

Patentability 101: A Review of the 2019 Guidance and Update on Subject Matter Eligibility

USA - February 13 2020 For nearly a decade, the area of law concerning patent subject matter eligibility has been fraught with turbulence. Patent examiners, district courts…

Alibaba and the forty infringers: IP enforcement with China’s biggest online marketplace

China - December 9 2019 Ali Baba and the Forty Thieves tells a tale of a poor woodcutter who discovers the lair of forty thieves and their secret password: "open sesame."…

The New Enforcement Paradigm: Using Amazon to Defend Your Invention Rights

USA - October 7 2019 It can be challenging for a new business to innovate and sell products online. Copycats troll Kickstarter, Indiegogo, and Amazon looking for products…

Making Your (Virtual) Mark in the Patent World

USA - September 23 2019 In order to recover damages for infringement of a patent, the patentee must give adequate notice to the public that the article, such as a widget, is…

“You’re Out of Order!” Applying “Moneyball” to Your Litigation Choices

USA - September 16 2019 Over the past decade and a half analytics has exploded to become the driving force in influencing decision making in all facets of our global economy…

Even if Cited Art is Ancient History, Your Claims Might Still be History: ‘Old’ Art Cited in Office Actions

USA - August 19 2019 The patent statute provides in part that “…Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter…

Options For Responding To An Examiner’s Answer When The Examiner Has Introduced A New Ground Of Rejection During The Appeal Process

USA - August 8 2019 When a patent practitioner and a patent examiner disagree on the interpretation of claim language, it is often beneficial to have an unbiased third…

Judicial Exceptions and Practical Applications

USA - July 30 2019 On January 7 of 2019, the USPTO issued the “2019 Revised Patent Subject Matter Eligibility Guidance” (Guidelines). The following flowcharts…

Could Oberdorf Open the Door to Infringement Liability for Amazon

USA - July 30 2019 In Oberdorf v. Amazon.com Inc., the Third Circuit held that Amazon is a “seller” of products offered by third parties through Amazon Marketplace and…

Attorney Fees in Civil Actions Against the Director under 35 U.S.C. 145 - A review of Iancu v. NantKwest Set for October 7, 2019 Argument Before the U.S. Supreme Court.

USA - July 30 2019 Patent applicants may seek judicial review of adverse decisions of the United States Patent and Trademark Office (USPTO) in one of two ways. One…