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Analogous References: the Same Field or Problem Domain as the Invention

  • 06.16.2023

By Babak Akhlaghi on June 16, 2023 The US Court of Appeals for the Federal Circuit has overturned the Patent Trial & Appeal Board’s determination of obviousness, stating that a prior art reference concerning automotive engine parts is not analogous to the challenged patent, which […]

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Unruly Distribution: Meeting 101 Conditions in Computer-related Claims

  • 05.22.2023

In Sanderling Management Ltd. vs. Snap, Inc., the Federal Circuit held that a method for using distribution rules to load digital image branding functions to users when certain conditions are met are not patent eligible under 101.  The claim in question recited: 1. A computerized […]

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The Grammar Secret: the Article “a” Still Signifies ‘One or More,’ but Requires a Single Component Executing All Functions”

  • 05.02.2023

In Salazar v. AT&T Mobility LLC, the Federal Circuit held that the wording “a microprocessor” does not require there to be only one microprocessor in an open ended claim; however, subsequent limitations referring to “said microprocessor” require at least one microprocessor to be capable of […]

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Federal Circuit Affirms Dismissal of Patent Claims Failing Alice Two-Step Test

  • 04.15.2023

Hawk Technology Systems, LLC sued Castle Retail, LLC for patent infringement based on Castle Retail’s use of security surveillance video operations in its grocery stores. Hawk Tech. Sys., LLC v. Castle Retail, LLC, Case No. 22-1222 (Fed. Cir. Feb. 17, 2023) (Reyna, Hughes, Cunningham, JJ.) […]

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Common Law Collateral Estoppel Applies to Board’s decisions

  • 03.08.2021

In SYNQOR, INC., v. VICOR CORPORATION, No. 19-1704 (Feb. 22, 2021), the Court held that common law collateral estoppel, also know as issue preclusion, applies to Board’s decisions in inter partes reexaminations. The ‘190 patent issued July 4, 2006, with a family of patents that […]

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The Sole Test for Anticipation in Design Patents is the “Ordinary Observer Test”

  • 02.25.2021

In MOJAVE DESERT HOLDINGS, LLC, v. CROCS, INC., No. 20-1167 (Feb. 18, 2021), the Court upheld the Board’s finding that the prior art reference failing to show key surfaces in the asserted design patent cannot anticipate it. Crocs owned U.S. Patent No. D517,789 (the ‘798 […]

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Hats off to the American inventor, Mr. Garrett Brown

  • 12.08.2020

Hats off to the American inventor, Mr. Garrett Brown, for inventing Steadicam (below left) more than 40 years ago, which revolutionized the movie making industry. It allowed a camera operator to run with the camera while the camera remained completely stabilized – something that was […]

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USPS Seeks a Patent for a Blockchain-Based Mail-in Voting System

  • 12.03.2020

The United States Postal Service (“USPS”) is seeking a patent protection for a more secure vote by mail system. In its recent patent publication, the USPS describes that its voting system is secured by using a blockchain to record data regarding the mailed in votes […]

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$1.9 Billion Patent Judgment

  • 11.13.2020

In Centripetal Networks, Inc.  v. Cisco Systems, Inc., No. 2:18cv94 (District Ct., October 5, 2020), the US District Court for the Eastern District of Virginia awarded to a cybersecurity startup, Centripetal Networks, one of the largest patent damages in history, $1.9 billion, for willful and […]

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One Key Lesson from Dropbox Losing on 3 Key Patents

  • 10.08.2020

In Dropbox Inc., Ornicus Holdings, LLC v. Synchronoss Technologies, Inc., No. 19-1765 (Fed. Cir., Jun 19, 2020), the US Court of Appeals for the Federal Circuit heard an appeal on patent eligibility of three patents, providing a non-precedential but insightful opinion on proper construction of […]

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