Archives: Patents

Podcast: When Fixing One Problem Creates Another: How Patent Infringement Arises Out of Product Repairs

By Aaron Rabinowitz on February 10, 2021 Posted in Patents, Podcast

Various products are subject to systems (e.g., purchase agreements) under which product purchasers and third parties are prevented from repairing the products and the only way to repair the product is to proceed through an authorized vendor or the original manufacturer. Manufacturers often favor such systems, as the systems (1) allow the manufacturers to obtain additional … Continue Reading

Podcast: Fast Track or Slow Stroll? Find the Right Pace For Your Patent Prosecution Matters

By Aaron Rabinowitz on December 3, 2020 Posted in Patents, Podcast

For a company rushing to bring a breakthrough product to a red-hot marketplace, the goal may be a speedy patent prosecution at the United States patent office – but for a “stealth mode” company, the goal may be a slower and quieter process that gives the company time to refine its own products and to … Continue Reading

Moderna’s IP Vault Paves the Way for COVID-19 Treatments

By Fabian Koenigbauer on October 12, 2020 Posted in Patents

On Oct. 8, Moderna, Inc., issued a statement on intellectual property matters during the COVID-19 pandemic. In the statement, Moderna acknowledged the importance of the role of intellectual property “in encouraging investment in research.” Nevertheless, Moderna feels it has a special obligation to allow others access to its patented technologies; accordingly, Moderna indicated that it … Continue Reading

Landmark UK Supreme Court Decision Grants UK Courts Power to Set the Global Royalty Rate for Standard Essential Patents

By Fabian Koenigbauer on August 31, 2020 Posted in Patents

On Aug. 26, 2020, the United Kingdom Supreme Court issued a decision in Unwired Planet International Ltd & Anor v Huawei Technologies (UK) Co Ltd & Anor [2020] UKSC 37 that changes the landscape for patentees seeking to enforce standard essential patents, which are patents claiming inventions that must be used to comply with a … Continue Reading

‘Something of an Experiment’: District of Delaware Prepares for Socially Distanced Patent Trial Tentatively Set for August 2020

By Andrew Samuels on July 6, 2020 Posted in Patents

In an earlier blog post, we commented on how the COVID-19 pandemic has affected and may continue to affect patent litigation. A recent order from one of the country’s busiest patent courts, the District of Delaware, reflects the ways in which the pandemic may affect patent trial practice. On July 2, in Sunoco Partners v. … Continue Reading

USPTO Waives Petition to Revive Fees for Patents, Patent Applications, Trademarks and Trademark Applications Abandoned Because of an Inability to Respond Due to COVID-19

By Fabian Koenigbauer on March 17, 2020 Posted in Patents, Trademark, USPTO

To give patent and trademark applicants as well as patent and trademark owners relief from the implications of the COVID-19 outbreak, the United States Patent and Trademark Office (USPTO) determined that the COVID-19 outbreak qualifies as an “extraordinary situation” and exercised its authority to waive certain petition fees. For patent owners and applicants unable to … Continue Reading

Not Dat Function, Dis Function

By Chad Rutkowski on October 5, 2016 Posted in Copyright, Copyright Act, Patents

When we talk these days about the role of functionality in determining the copyrightability of a useful article, we are generally talking about the 10 different separability tests currently duking it out at the Supreme Court in the Varsity Brands case. Our posts on that case are here, here and here. These tests enforce … Continue Reading

What CLS Bank Taketh, Copyright May Giveth Back

By Chad Rutkowski on June 26, 2014 Posted in Copyright, Patents

CLS Bank and Its Impact on Software Patents Courts, commentators and clients will be struggling for some time to assess the impact on software patents of Thursday’s Supreme Court decision in Alice v. CLS Bank. Interpreted one way, the decision kills patents directed at computer-implemented business methods. Interpreted another way, it’s business as usual for … Continue Reading