Intellectual Property Law Blog

Posts Tagged ‘patents and patent strategy’

NO PATENT FOR YOU! Can a software-related claim that recites only generic computer elements be statutory under 35 USC 101?

July 21st, 2016

Unlike the infamous Seinfeld “Soup Nazi” episode – in which you could get your soup if you just kept your head down, did not engage in small talk with the owner, or ask for free bread – software inventors are finding it difficult, and sometimes impossible, to obtain patents or enforce their existing patents no matter how novel their inventions are, and no matter how narrow they are willing to claim their invention.

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U.S. Supreme Court Upholds Brulotte

June 22nd, 2015

Today, in a 6-3 opinion in Kimble et al v. Marvel Entertainment, LLC, the U.S. Supreme Court upheld the rule against post-expiration patent royalties. Justice Kagan wrote the majority opinion. Justices Alito and Thomas, joined by Chief Justice Roberts, dissented. As we predicted, the Court was not persuaded by the complex economic arguments advanced by…

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CAFC Steals the Limelight

May 14th, 2015

As the rest of the world was welcoming the United States and Japan to the Hague System for the International Registration of Industrial Designs, Judge Linn of the Federal Circuit “stole the limelight.” In yesterday’s decision in Akamai Technologies, Inc. v. Limelight Networks, Inc., Judge Linn (joined by Chief Judge Prost), over Judge Moore’s vigorous dissent,…

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Top IP Trends of 2015

January 1st, 2015

While 2014 saw several watershed moments in the IP arena, 2015 promises to be every bit as exciting. Intellectual property assets remain the engine that drive the world’s economy, with new discoveries creating new markets and fueling new business growth, while influencing the public policy that shapes and, in many cases improves, the quality of…

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