Patents

Smartphone Wars

Apple sues Samsung for patent infringement. In response, Samsung files international countersuits on patents of its own. Courts around the world grant preliminary injunctions to each company on a number of their claims, while United States and European Union government agencies investigate allegations of antitrust violations. What’s going on here? Let’s start with the shiny [...]

America: Last in Line for First-to-File

Who has the right to a patent for an invention?  Should it be the first inventor to file or the first inventor to invent?  The first-to-file system grants the right to a patent to the first inventor to file a patent application, regardless of the date of invention.  On the other hand, the first-to-invent system [...]

STLR Link Roundup – September 26, 2011

The FCC has filed its finalized net neutrality rules, set to take effect on November 20. The rules will almost certainly face legal challenges from Verizon and MetroPCS over the extent of the FCC’s jurisdiction. David Ignatius writes on legal uncertainty and difficult questions facing the future “rules of war” for drone strikes. The debate [...]

STLR Link Roundup – September 6, 2011

The latest links from STLR: Last week, the Justice Department filed suit in DC District court to block AT&T’s $39 billion acquisition of T-Mobile, arguing that the merger violates antitrust laws. Sprint has since filed its own lawsuit in DC District court to block the proposed deal. The Senate debates the America Invents Act on [...]

Must Office Actions Be Disclosed to the PTO under Rule 56?

Inequitable Conduct and the Duty to Disclose 37 CFR 1.56 (Rule 56) establishes that there is a duty to disclose information to the Patent Office. The regulation states that “[e]ach individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which [...]

The Active Placebo Effect: Patent Eligible Subject Matter?

Last week President Barack Obama asked a bioethics committee to review federal guidelines for the use of human subjects in medical testing. This announcement came in the wake of revelations that the U.S. sponsored experiments in Guatemala the 1940s where people were intentionally infected with sexually transmitted diseases like syphilis and gonorrhea without their consent [...]

STLR-Published Article Selected as One of the Best Patent Articles in the Last Year

Congratulations to Professor Andrew B. Dzeguze (and to us)! Last year, we published his article, The Devil in the Details: A Critique of KSR’s Unwarranted Reinterpretation of “Person Having Ordinary Skill”.  It has since been selected for inclusion in the Patent Law Review, an annual anthology published by West, as one of the best patent [...]

Can Microsoft Stop the TiVo Litigation Juggernaut?

Microsoft filed a patent infringement lawsuit against TiVo on January 19, 2010.  What does this filing mean for TiVo and its meteoric litigation campaign? As Core Business Fades, TiVo is Turning to IP Licensing People love their DVRs.  More specifically, they love their TiVo DVRs.  TiVo was one of the first DVR providers (RIP Replay [...]

STLR Link Roundup – January 15, 2010

Here’s the latest on the STLR radar: Twitter is a source of evidence for a murder charge, reports the New York Daily News.  But could those tweets be copyrighted?  Law.com’s Law Technology News weighs in. The Electronic Frontier Foundation provides a good, link-heavy analysis of the unanswered questions surrounding Google’s decision to stop censoring their [...]

STLR Link Roundup – January 8, 2010

Here’s the latest on the STLR radar: Chief U.S. District Judge Vaughn Walker in San Francisco decided to allow showing the trial challenging California’s Proposition 8 on YouTube, reports the San Francisco Chronicle.  The Wall Street Journal Law Blog questions whether that’s a good thing. Patent Librarian notes that Wikipedia citations in patent applications are [...]