Patent Baristas

solipsism – n. – the theory that the self can be aware of nothing but its own experiences. You already know they exist — out there somewhere — waiting to bash your company.  Just look at websites such as “I Hate Boingo” and “PayPal Sucks.”  Don’t even get me started on all the variations of […]

I’m on my way to the BIO IP Counsels Committee Conference.  The 2010 Fall IPCC Conference, in Boston, MA, is scheduled for October 18-20, 2010.  It is an opportunity for BIO members and other industry IP professionals to come together to hear, discuss and learn about current and projected topics related to biotech IP. Program […]

Frost Brown Todd has been named one of eight “standout” law firms in IP litigation in the Litigation Outlook 2011 report published by Law360 and conducted by The BTI Consulting Group. According to BTI’s report – for which 240 corporate counsel, including 18% of the Fortune 100, were surveyed – standout firms have “made an […]

The decisions of the Federal Circuit discussed in the 2010 KSR Guidelines Update provide additional examples of the law of obviousness. The purpose of the 2007 KSR Guidelines was to help Office personnel to determine when a claimed invention is not obvious, and to provide an appropriate supporting rationale when an obviousness rejection is appropriate. […]

The United States Patent and Trademark Office (USPTO) issued an update to its obviousness guidelines to be used when applying the law of obviousness under 35 U.S.C. 103. This 2010 KSR Guidelines Update highlights case law developments on obviousness under 35 U.S.C. 103 since the 2007 decision by the United States Supreme Court (Supreme Court) […]

The Federal Circuit recently affirmed that an admission that an accused infringing device practices an industry standard may, without more, be the basis for a finding of infringement.  Fujitsu, LG and Philips v. Netgear, US Court of Appeals for the Federal Circuit (10-1045). Philips asserted claims of U.S. patent no. 4,974,952, Fujitsu asserted claims from […]

In March 2010 the United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (IPO) announced plans to begin cooperation on increasing the efficiency and quality of the patent examination process by making greater use of each other’s work on commonly filed patent applications and eliminating duplication of work.  This initiative […]

Seminar – The Entire Market Value Rule and the End of Casual Empiricism The entire market value rule (or “EMVR”) allows for the recovery of patent infringement damages based on the value of the entire product that contains an infringing component (when the patent-related feature is the basis for consumer demand). It has historically been […]