March 28th, 2020
Many U.S. legal teams have moved to remote work this month—patent prosecution teams are no different. Remote work can increase a prosecution team’s productivity, efficiency, and effectiveness. We at CRK have supported remote work from day one. With a remotely accessible docket and document management and […] Read More
Read MoreAugust 28th, 2019
When your company has a product in the marketplace and the next innovative feature is ready to be launched, IP counsel is often asked, “Do we have it patented? Are we covered?” And while covering the feature with a patent filing or two can be […] Read More
Read MoreJune 7th, 2019
Another 15 witnesses testified on June 5, 2019, before the Senate Judiciary Committee’s Subcommittee on Intellectual Property in the second of three days of hearings on proposed changes to sections 101 and 112 of the patent law. For section 101, the proposed changes would allow […] Read More
Read MoreJune 4th, 2019
The Senate Judiciary Committee held its first of three hearings today, June 4, 2019, on proposed amendments to sections 101 and 112 of the patent code. The proposed change would allow patentability for “any invention or discovery that provides specific and practical utility in any field […] Read More
Read MoreMarch 2nd, 2019
Are your computer claims part of the 5% that lack the word “comprising”? The Federal Circuit tells patentees it’s not a good idea. Good claims have three parts, a preamble, a transition word, and a body. A recent Federal Circuit precedential opinion spoke directly to the […] Read More
Read MoreJanuary 2nd, 2014
The U.S. House of Representatives passed the Innovation Act, “The Goodlatte” Bill, on December 5, 2013. The Senate is expected to pass the Innovation Act, or a similar bill. The Innovation Act focuses on patent litigation reform. But patent prosecution professionals should be aware of […] Read More
Read MoreOctober 8th, 2013
Innovation review with input from Legal, Marketing, and Research (R&D) functions is one of the strongest value drivers in the IP world. The combination of perspectives gives a 3D picture that helps decision-makers see the underlying value and often focuses attention on potential issues sooner, […] Read More
Read MoreMarch 7th, 2013
Under current case law, the doctrine of joint infringement may be established through direct infringement under 35 U.S.C. 271(a), or may be established though inducement under 35 U.S.C. 271(b). Akamai Tech. v. Limelight Networks, 692 F.3d 1301 (Fed. Cir. 2012); Mckesson Tech. v. Epic Systems […] Read More
Read MoreSeptember 18th, 2012
Apple’s intellectual property has been in the news quite a bit lately. In what had to be the most publicized patent trial in at least half a decade, a California jury recently awarded the consumer electronics giant $1.05 billion in damages due to competitor Samsung’s […] Read More
Read MoreApril 20th, 2012
With technological advancements in data communication, networking, and file management systems making it easier than ever to work with anyone around the world at any time of day, joint ventures between companies and other cooperative partnerships have continued to increase in number and importance over […] Read More
Read MoreApril 4th, 2012
Once a patent examiner makes a rejection of a patent application “final” the Applicant has very few options. Ordinarily, the Applicant can appeal, which is time consuming, or can file a request to reopen prosecution to present new or revised claims, which is costly. Now, […] Read More
Read MoreMarch 19th, 2012
Written by Michael T. Ghobrial, Michael Jordan, and Joseph R. Condo for the 28th Annual Joint Patent Practice Continuing Legal Education Seminar (www.jppcle.org), which will be held on April 17, 2012 in New York City. I. SUMMARY Under the majority’s rule in Marine Polymer I, arguments made before […] Read More
Read MoreFebruary 21st, 2012
A new fee schedule being proposed by the USPTO may create unexpected expenses for patent filers. The proposed new fees and fee increases are meant to help the USPTO cover its expenses (1). In some instances, the proposed fees may be unreasonable in relation to […] Read More
Read MoreFebruary 2nd, 2012
Law360, New York (January 26, 2012, 12:50 PM ET) — On Aug. 31, 2011, the European Patent Office issued new procedures making it much easier to get a second written opinion in Patent Cooperation Treaty patent applications. The new procedures are applicable when the EPO […] Read More
Read MoreJanuary 11th, 2012
With the passage of the Leahy-Smith America Invents Act (AIA) in September 2011, the USPTO was expressly authorized by Congress to continue the expansion of the Track 1 Prioritized Patent Examination Program. Originally announced in the February 2011, the Track 1 program was formerly a […] Read More
Read MoreDecember 13th, 2011
The word “only” is one of those magic words in patent specifications and claims. The word conveys such a strong absolute that it tends to drown out other arguments. And, given the law of unintended consequences, patent drafters should have a very good reason to […] Read More
Read MoreOctober 20th, 2011
Arguments made to the PTO during reexamination can amend the scope of claims and trigger absolute intervening rights for the accused infringer under 35 U.S.C. §§ 252 and 307(b), thereby eliminating all damages for the period before the issuance of the reexamination certificate. In Marine […] Read More
Read MoreSeptember 29th, 2011
In Ultramercial, the CAFC held that a method claim for distributing copyrighted products over the Internet was patentable subject matter under 35 USC 101 due to the programing complexity required to carry out the claimed elements. Although the CAFC mentioned the “machine or transformation test,” […] Read More
Read MoreSeptember 23rd, 2011
When drafting claims practitioners often struggle defining limiting terms such as “a,” “at least one,” and “one.” However, the key to defining these terms may be to focus less on the term itself and focus more on the context surrounding the term. For example, the […] Read More
Read MoreSeptember 15th, 2011
There aren’t any no-brainers in patent law, but the USPTO’s ePetitions system comes close. In March, the USPTO began an automated filing and decision process for eight patent-related petitions through a new system called ePetitions. Not only does ePetitions allow practitioners to file the petitions […] Read More
Read More