On January 10, 2018, the Court of Appeals for the Federal Circuit handed down Finjan, Inc. v. Blue Coat Systems, Inc.[1] Finjan sued Blue Coat, a subsidiary of rival Symantec Corp., for patent infringement of four of its patents dealing with cybersecurity methods and systems: U.S. Patent Nos. 6,154,844 (‘844), 7,418,731 (‘731), 6,965,968 (‘968), and …
Category: patent
IP Practicum: Maintenance Fees Required for All Reissue Family Members
On January 8, 2018, the USPTO quietly issued a notice that beginning on January 16, 2018, all reissue patent family members, as well as the original parent patent from which the reissue application(s) originated from, will be subject to payment of maintenance fees for each reissue family member (i.e., divisional and continuation reissue patents) (MPEP …
IP Data Trends & Analysis
The World Intellectual Property Organization (WIPO) releases data and statistics[1] compiled over the world of various intellectual properties each year. These include patent, trademark, industrial designs, utility models, and plant varieties. The data is interesting and a few suggestions on the trends can be seen from this data. First, China (CN) continues to lead the …
Fed Circuit Watch: Time-Bar in IPR Institution Petition is Appealable
One January 8, 2018, the Court of Appeals of the Federal Circuit issued Wi-Fi One, LLC v. Broadcom Corp.,[1] in which the en banc panel held the PTAB decision to institute or not an inter partes review based on whether the petition was timely can be appealed through judicial review. Specifically, the issue was whether …
SCOTUS Watch: Musings on Oil States
As we await a decision from the U.S. Supreme Court on the constitutionality of IPRs before the PTAB at the USPTO, I reviewed two related points relevant to the underlying discussion in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC.[1] The first is the Oil States’ reliance upon McCormick Harvesting Machine Co. v. …
CannabIP: Trump Administration Rescinds Cole Memo
On January 4, 2018, U.S. Attorney General Jeff Sessions officially rescinded the so-called Cole Memo limiting federal prosecution of marijuana offenses. The Cole Memo was enacted in 2013 under former President Barack Obama’s administration, and was guidance to U.S. Attorneys on Justice Department enforcement of federal marijuana laws. It specifically outlines those activities which should …
Patent Venue Post-TC Heartland Begins to Take Shape
Back in May 2017, the U.S. Supreme Court ruled in T.C. Heartland, LLC v. Kraft Foods Group Brands LLC,[1] that patent venue selection was limited to the defendant’s state of incorporation or principal place of business, as defined by the patent venue statute, 35 U.S.C. §1400(b). The practical effect sharply curtailed the Eastern District of …
Fed Circuit Watch: Regeneron Denied Redemption in Misconduct Case
On December 26, 2017, the Court of Appeals for the Federal Circuit denied a request for rehearing en banc for reconsideration made by Regeneron Pharmaceuticals, Inc., in a precedential decision. This petition was filed following the original decision affirming specific intent litigation misconduct held in the original appellate case. Judges Prost, Lourie, Dyk, Moore, O’Malley, …
SCOTUS Watch: Oral Arguments in Oil States
On November 27, 2017, the U.S. Supreme Court heard oral arguments in the Oil States Energy Services, LLC v. Greene’s Energy Group, LLC.[1] This case is discussed in a previous blog posting, but as a recap, the two parties in the litigation are both oil & gas companies, in which Oil States owned a patent …
SCOTUS Watch: Oil States Oral Hearing Preview
On November 27, 2017, the U.S. Supreme Court will hear oral arguments in the appeal from the Court of Appeals for the Federal Circuit, Oil States Energy Services v. Greene’s Energy Group.[1] Certiorari was granted earlier this year. The sole question presented is whether the inter partes reviews – adversarial proceedings held before the United States …