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Multinational Patent Deal Complications

Entering into a patent purchase transaction is complicated.  Not surprisingly, purchasing assets that include Chinese originated technology is even more complicated.  Before signing a deal, make sure the diligence period...more

DOJ Breaking with Big Tech Approach to SEPs

On June 8, 2022, the DOJ, USPTO, and the National Institute of Standards and Technology (NIST) (collectively, the Agencies) issued a new statement on FRAND licensing (2022 Statement) providing no set policy regarding...more

Supreme Court Rejects USPTO Attorney Fee Policy

On December 11, 2019, the U.S. Supreme Court struck down the U.S. Patent and Trademark Office’s (USPTO) controversial policy of shifting attorneys’ fees in Peter v. NantKwest, Case No. 18-801. The Court ruled that the USPTO...more

“Processing System” Does Not Render Claims Indefinite

The Federal Circuit relied on Nautilus to preserve functional language of a method claim in a decision published last Friday. In Cox Comm, Inc. v. Sprint, No. 2016-1013, the Federal Circuit held that the term “processing...more

9/30/2016  /  Indefiniteness , Internet , Patents , Sprint

A New Hope for Software Patents?

Software patents have been facing intense scrutiny under 35 U.S.C. § 101 for subject matter eligibility since the U.S. Supreme Court’s Alice v. CLS Bank decision in 2014. In the last two years, the patent ecosystem...more

Newsflash, Politico: ‘Patent Death Squad’ Alive and Well

Politico, the popular political journalism publication, recently ran the story “Patent Reform Advocates: PTO Process Not Patent ‘Death Squad.’” The story was based on a blog post by patent reform advocate Unified Patents. ...more

Inter Partes Review Initial Filings of Paramount Importance: What Is Clear After Two Years of Inter Partes Review Under the AIA

September 16, 2014, marked the two year anniversary since certain provisions of the Leahy-Smith America Invents Act went into effect, including post-grant Inter Partes Review (IPR) proceedings before the Patent Trial and...more

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