The Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeals Board’s (“Board”) rejection of Maatia’s design of an athletic shoe bottom. The Federal Circuit said “the level of detail required should be a function of whether the claimed design for the article … [Read more...] about Indefinite Designs are Definite When Persons Skilled in the Art Discern Scope with Reasonable Certainty
Method of Navigating Through 3-D Electronic Spreadsheet Defines Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit reversed a district court decision and found that certain patent claims were directed to patent-eligible subject matter. “The[] claims are not abstract, but rather are directed to a specific improved method for navigating through … [Read more...] about Method of Navigating Through 3-D Electronic Spreadsheet Defines Patent Eligible Subject Matter
Catalog Copies Distributed at an Annular Dealer Trade Show By the Challenger’s Rep is Prior Art
The Court of Appeals for the Federal Circuit reversed a finding by the Patent Trial and Appeals Board (“Board”), holding that the evidence supported a finding that petitioner-challenger Gopro’s catalog was publicly distributed at a trade show prior to the critical date of the … [Read more...] about Catalog Copies Distributed at an Annular Dealer Trade Show By the Challenger’s Rep is Prior Art
Inventor Owns Patent Unless Written Assignment Expressly Conveys Future Rights
The Court of appeals for the Federal Circuit has ruled that (a) determination as an inventor is a federal court matter and (b) with respect to future patent rights, the inventor must sign an automatic-assignment that is a "contract [that] expressly conveys rights in future … [Read more...] about Inventor Owns Patent Unless Written Assignment Expressly Conveys Future Rights
Is CryptoCurrency, Like Trading Metals, Subject to an Actual Delivery Exception: Beyond CFTC Enforcement
The U.S. District Court in California ruled that Monex Credit Co.’s (Monex) new precious metals business system is beyond the scope of the Commodity Futures Trading Commission’s (CFTC) jurisdiction provided that Monex delivers the metal within 28 days of the transaction, … [Read more...] about Is CryptoCurrency, Like Trading Metals, Subject to an Actual Delivery Exception: Beyond CFTC Enforcement
Factual Disputes Cloud Early Dismissal of Software Patent – Ineligible Subject Matter Section 101
The Court of Appeals for the Federal Circuit (the “Federal Circuit”) denied rehearing en banc Aatrix Software Inc. v. Green Shades Software Inc., Case No. 2017-1452 (Fed. Cir. May 31, 2018)(reh. en banc denied) (Available Here) and issued two concurring opinions and a dissent by … [Read more...] about Factual Disputes Cloud Early Dismissal of Software Patent – Ineligible Subject Matter Section 101
Methods of Verifying Email With Barcodes or QR Codes Are Patent Ineligible Subject Matter
The Court of Appeals for the Federal Circuit confirmed a district court’s determination (on a motion to dismiss) that several patented methods of verifying email and reduce potential hacking events were abstract ideas and, since the patent claims contained no additional elements … [Read more...] about Methods of Verifying Email With Barcodes or QR Codes Are Patent Ineligible Subject Matter
Discovery Sanctions of $2.7 million Awarded for Case with $20,000 in Expected Damages
In Klipsch Group, Inc. v. ePRO E-Commerce Limited et al., Case No. 16-3637 (2nd Cir. 2018)(Available Here), the Court of Appeals for the Second Circuit concluded that the monetary sanctions awarded by the district court for discovery misconduct was awarded properly to compensate … [Read more...] about Discovery Sanctions of $2.7 million Awarded for Case with $20,000 in Expected Damages
“The Commodores” Mark Remains Owned by the Active Band
In Commodores Entertainment Corporation v. Thomas McClary, Fifth Avenue Entertainment, LLC, Case No. 16-15794 (11th Cir. 2018) (Available Here), the Court of Appeals for the Eleventh Circuit held that when McClary left the Commodore band, he also left behind his common law rights … [Read more...] about “The Commodores” Mark Remains Owned by the Active Band
Inherent Prior Art Feature Must Show Specific Percent Limitation and Claimed Percent Must Be Unexpected in Prior Art
The Court of Appeals for the Federal Circuit (a) overruled the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board (PTAB) finding that the use of inherency in the context of obviousness must be carefully circumscribed because that which may be inherent is not … [Read more...] about Inherent Prior Art Feature Must Show Specific Percent Limitation and Claimed Percent Must Be Unexpected in Prior Art
