Patent

03Jan 2019
gavel of justice

Stryker Corporation sued Zimmer, Inc. for patent infringement.  There was no question whether Zimmer infringed Stryker’s patent – it did.  Zimmer believed Stryker’s patent was invalid and believed that it would prevail in the infringement lawsuit.  Zimmer had good reason to believe that the Stryker patent was invalid.  As a result, Zimmer continued to infringe […]

22Nov 2018
Designs for patents

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 […]

01Nov 2018

  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. […]

06Sep 2018
Designs for patents

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 […]

19Jul 2018
Designs for patents

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 […]

12Jul 2018
Designs for patents

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 […]

14Jun 2018
Designs for patents

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 […]

12Apr 2018
Designs for patents

There are people who wish that the U.S. patent system would just go away.  Their allies successfully lobbied for and passed the ‘America Invents Act’ back in 2011 that resulted in the USPTO patent death squads, also known as the Patent Trial and Appeal Board (PTAB).  As we described last month, the PTAB kills patents with impunity […]

15Mar 2018
Designs for patents

In the America Invents Act, Congress shifted challenges to the validity of patents from the Federal courts to the Patent Trial and Appeal Board (PTAB), an arm of the U.S. Patent and Trademark Office.  The PTAB applies different rules and standards than the Federal courts, rules and standards that favor the patent infringer and not […]