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Category Archives: Patents
Making a Federal Case Out of Your Trade Secrets: DTSA Creates Federal Civil Action for Trade Secret Owners
Authored by Andrew McNeil Want to make a federal case out of your trade secrets? It got easier to do just that after President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into law on May 11, 2016. … Continue reading
Supreme Court Gives Power Back to Trial Courts in Patent Cases
The Supreme Court today issued a 7-2 decision which should go a long way to reduce almost automatic appeals in patent cases. The Federal Circuit appeals court was created to handle all patent appeals. The Roberts Court has been telling … Continue reading
Alice Did Not Kill Software or Business Method Patents
Whether Alice killed the Jabberwock in Through the Looking-Glass, and What Alice Found There is still up for grabs. Whether the Supreme Court’s Alice Corporation Pty. Ltd. v. CLS Bank decision last month killed all computer enabled patents with abstract … Continue reading
A Proposal for Legislators —Troll Repellant for Small Businesses
Require patent trolls to comply with requirements like the debt collector provisions in the Fair Debt Collection Practices Act. If anyone is advocating this approach, I missed it and apologize for being unaware. But applying concepts from the FDCPA could … Continue reading
Will Sunlight Turn Trolls to Stone?
The End Anonymous Patents Act, H.R. 2024, was introduced in Congress to force patent owners and their real parties in interest to identify themselves in public disclosures to the Patent Office. This is supposed to be an anti-troll measure that shines light … Continue reading
Patent Injunctions and Chief Judge Rader—Details Wanted
IP Law360 reports that Federal Circuit Chief Judge Randall Rader on Tuesday chastised the US Supreme Court for getting it wrong on when injunctions should issue against patent infringers. He reportedly said their 2006 decision in eBay Inc. and Half.com v. MercExchange, … Continue reading
Posted in Patents, Uncategorized
Tagged Chief Judge Randall Rader, eBay v MercExchange, injunctions
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No Red Carpet But Academy Award Winner Wins Again
The Court of Appeals for the Federal Circuit today handed the win to David Grober and reinstated his patent infringement action by reversing a district court’s award of summary judgment based only on claim construction. Grober v. Mako Products, 2010-1519, -1527 (Fed. … Continue reading
Patent Killing Publications Presumed Enabled: Federal Circuit
The Court of Appeals for the Federal Circuit today made it harder for patent applicants and easier for PTO examiners when a patent application is rejected because of prior art. In Re Antor Media Corp., 2011-1465 (Fed. Cir. July 27, 2012). The key word here is … Continue reading
Posted in Patents
Tagged Antor Media, Enablement, Federal Circuit, Patents, Prior art
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