Newsletters

05.03.22

Improved Method for Overcoming Hacking by Turning On and Off Authentication Held Patent Eligible

In CosmoKey Solutions GMBH & Co. KG v. Duo Security LLC, the Federal Circuit held that an improved method for overcoming computer hacking by turning on and off the authentication process was patent eligible.


04.12.22

Article Design Limited to Item Recited in Design Patent Claim

In In re SurgiSil, LLP, the Federal Circuit held that a claimed design is limited to the particular article of manufacture identified in the claim.


03.22.22

Copying of Unpatented Technology Permitted When Confidentiality Obligations Terminated

In BladeRoom Grp. Ltd. v. Emerson Elec. Co., the Ninth Circuit held under English law that a reasonable person would interpret a nondisclosure agreement to end two years after signing because the NDA unambiguously terminated the confidentiality obligations after two years.


03.01.22

Employee/Officer Held Personally Liable for Patent Infringement

In Lubby Holdings LLC v. Chung, the Federal Circuit held corporate officers and employees who actively assist with their corporation’s infringement may be personally liable for inducing infringement even without any piercing of the corporate veil.


02.08.22

Prior Invention as a Litigation Defense: All Claim Elements Must Be Appreciated

In Ingevity Corporation v. International Trade Commission, the Federal Circuit held that a prior invention will not anticipate under 35 U.S.C. § 102(g) unless the prior inventors appreciated the invention.


01.20.22

Supreme Court: Assignor Estoppel Survives, but Only for Explicit or Implicit Representations

In Minerva Surgical, Inc. v. Hologic, Inc.,the Supreme Court held, in a 5–4 opinion, that the doctrine of assignor estoppel continues to apply, but only for an assignor’s invalidity assertion that contradicts explicit or implicit representations the assignor made when assigning the ...


12.21.21

Compliance Reminder: Distinguish Between Prophetic Examples and Working Examples

The U.S. Patent and Trademark Office (Patent Office) issued a notice titled “Properly Presenting Prophetic and Working Examples in a Patent Application.”


12.07.21

Supreme Court: PTAB Judges Unconstitutionally Appointed; Court Gives Director Supervisory Authority

In United States v. Arthrex, Inc., the Supreme Court held that Patent Trial and Appeal Board (PTAB) administrative patent judges (APJs) are unconstitutionally appointed.


11.23.21

Read Your Contract: Prior Invention Assigned to Employer When Incorporated into Employer’s Software

In Apprio, Inc. v. Zaccari, the U.S. District Court for the District of Columbia held an agreement enforceable where if, in the course of employment, the employee incorporated a prior invention into the employer’s product, the employer would obtain the intellectual property rights in that ...


11.09.21

Words Matter: Specification’s Narrow Description Limited Patent Scope/Protection

In Wastow Enterprises, LLC v. TruckMovers.com, Inc., the Federal Circuit held the patent claims were limited to a universal folding boom trailer because the specification, including the title, referred to the “present invention” as including this limitation.