Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Obvious Combinations Do Not Need to Be Physically Combinable In Allied Erecting and Dismantling Co., Inc. v. Genesis Attachments, LLC , Appeal No. 2015-1533, the Federal Circuit affirmed the PTAB’s invalidity finding based on obviousness. Genesis…
Patentees suing alleged infringers have learned from a long history of federal district court and Federal Circuit rulings that (paraphrasing the Miranda warning given to criminal suspects) “anything you say [in the patent or during the process of…
In light of Enfish and DDR Holdings, software patent owners are quick to point out how their inventions improve the functioning of the computer itself. However, it is well understood that simply improving the functioning of a computer does not overcome…
Polaroid v. Kodak , concluded in 1991 after 15 years, was the first “billion dollar” patent damages award ($909 million). Until this year, it was the largest satisfied judgment in a patent case awarded by a U.S. court. In current value the…
By Joshua Davenport and Aseet Patel While the number of decisions holding claims to be patent eligible under the two-part Alice test has been few and far between, sometimes even seemingly unfavorable decisions provide valuable insight into courts’…
Since the America Invents Act (AIA) became effective on September 16, 2012, the Inter-Partes Review (IPR) has drawn significant attention. Additionally, discussion has focused on how the Patent Trial and Appeal Board (PTAB) has become the “patent…
Is it any wonder why patents are widely despised and holders mistrusted? Patents and other IP rights have been caught in the perfect storm of anger towards the government, the entitled, and ideas too complex to fathom on Instagram. Patents are difficult to…
Seventy-one percent of patent claims for which inter partes review are instituted are canceled. You knew that. You knew your patent was subject to IPR cancelation by broadest reasonable construction. You knew your patent was subject to cancelation by…
Last week we reported the 2016 top 25 law firms ranked by the number of patent practitioners. This week, our Data Science Team looked at the same raw data for registered patent attorneys and agents to identify the top 25 IP-intensive companies in the U.S.,…
With approximately 50 percent of all US (first or second) marriages ending in divorce, the proper identification and allocation of all marital assets is critical to the post-divorce well being of both spouses. Tangible assets, like bank accounts and real…
This morning government Accountability Office (GAO) released the result of 1.5 years research on issues related to patent quality, non-practicing entities, and high litigation. Their suggestion is better search and better review and examination process for…
This week at Patexia, we analyzed information for all registered patent practitioners in the US. As of July 2016, we found 44,424 registered patent practitioners, of which approximately 25% are registered as patent agents and 75% as patent attorneys. We…
