All posts by: Robert Yarbrough

About Robert Yarbrough

USPTO Fixes Some of the Problems with the PTAB

November 22, 2018 Intellectual Property, Patent

The ‘Patent Trial and Appeal Board’ (‘PTAB’) has 174 administrative judges, who hear appeals of actions by the USPTO, such as denials of patent applications.  In the past, the USPTO has been accused of packing the PTAB panels with handpicked judges to reach a desired result in a particular case. Panels of the PTAB also […]

Zombie Detector

November 1, 2018 Patent

Here’s a familiar situation: the shuffling figure, arms outstretched moving slowly toward you, emitting indecipherable moans, munching on what could be human brains…  And the universal question: Is that a zombie or is it your teenage offspring?  The answer will determine whether you dispatch it in the most grisly way imaginable or feed it mac-and-cheese. . […]

Federal Government Will Step In to Stop California Privacy Law

October 4, 2018 Intellectual Property, Internet Law

Recent massive data breaches and notorious instances of misuse of data lit fires under privacy advocates, particularly in Europe and California. In our April, 2018 newsletter, we told you about the European Union’s sweeping new privacy program known as the ‘General Data Protection Regulation’ (GDPR), effective May 25, 2018.  The GDPR changes the landscape for […]

The Sound of a Ferrari

September 6, 2018 Patent

Disappointed that your new Ferrari 488 Pista isn’t loud enough?  You’re not alone – we’ve all been there.  Fortunately, the boys and girls at Maranello have been busy and they’ve come up with new ways to make that great Ferrari sound. First, consider U.S. Patent Publication 2017/0350287  published December 7, 2017 and owned by Ferrari.   The […]

California Enacts Its Version of GDPR

August 2, 2018 cybersecurity, Internet Law, Privacy

In our April newsletter, we told you about the ‘General Data Protection Regulation’ (GDPR) that went into effect in the EU on May 25, 2018.   That European regulation provides sweeping privacy requirements for anyone that does business with or collect identifying information on European residents.  We opined that an American GDPR would not happen here […]

Patent Fun Facts:

July 19, 2018 Patent

Try rolling these out at the bar tonight.  You’ll be the life of the party!  Here goes: The USPTO issued its 10,000,000th patent on Tuesday June 19, 2018.  That’s 10 million patents.  The 10 millionth patent is owned by Raytheon and addresses LADAR range-finding technology, as used in self-driving cars. In 1997, the USPTO issued about 100,000 patents.  In 2007 […]

Supreme Court to Consider the On-Sale Patent Bar

July 12, 2018 Patent

Love ’em or hate ’em, we have the most enthusiastically activist Supreme Court in memory. The Supremes are taking on another patent case, this time relating to the on-sale patent bar.  In general, when the Supreme Court decides a patent case, the law is in worse shape than it was before. As a refresher for […]

Supreme Court Decides Patent Death Squads are (at least partly) Constitutional

June 14, 2018 Patent

We previously described the evils of inter partes review, by which administrative panels within the USPTO kill issued patents with wild abandon.  Former Chief Judge Rader of the Federal Circuit Court of Appeals described inter partes review panels as ‘death squads killing property rights.’  A constitutional challenge to inter partes review was recently decided by the […]

Does the GDPR Apply to My U.S. Company?

May 10, 2018 Internet Law

If your company collects, controls or processes information that can be used to identify an individual resident of the EU, either directly or indirectly, then the EU considers that you are subject to the GDPR regardless of where your company is located.  The identifying data may include, among other things, names, birthdates, addresses, e-mail and […]

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