Interpreting the AIA’s “Otherwise Available to the Public”

The enactment of the Leahy-Smith America Invents Act (“AIA”), which President Obama signed into law on September 16, 2011, marked the most significant change to United States patent law since the Patent Act of 1952. While it is undisputed that the AIA’s enactment produces some dramatic changes to the patent system, there has been a great deal of debate over which elements of the previous regime the AIA leaves undisturbed and intact. A prime example Continue Reading →

Damages in Patent Infringement Cases: Design vs. Utility

The drawn-out battle between Apple and Samsung isn’t over yet. The federal court of appeals affirmed that Samsung infringed on a number of Apple’s designs, including the arrangement of the rounded icons on the screen. Apple Inc. v. Samsung Elecs. Co., 786 F.3d 983, 1001 (Fed. Cir. 2015) But Samsung is still fighting the battle. Samsung is trying to argue that, because of basic causation principles, damages should be limited to profits attributable to the Continue Reading →

Pidgey’s Law: How Augmented Reality Influences Legal Regulations

First, there were Angry Birds. Now, there is Pidgey’s Law. Put forward by Illinois State Rep. Kelly Cassidy, the Location-based Video Game Protection Act, otherwise known as Pidgey’s Law, seeks to fine developers of location-based video games for not removing virtual stops in the game at a property owner’s request. This bill was proposed in response to Pokémon GO’s Niantic Labs, who refused to remove a Pokéstop in Loyola Dunes, a state-protected park with endangered Continue Reading →

Market Solutions to IP Law Confusion

The somewhat “unsettled” nature of certain aspects of intellectual property law is unsurprising. By definition, the discipline considers the new, the novel, the original, etc. Though the patent world seemed to struggle for a time when it came to computer-related inventions, it was no coincidence that the Copyright Act of 1976 explicitly anticipated “original works of authorship fixed in any tangible medium of expression, now known or later developed…”[1] In recent years, however, prolonged periods Continue Reading →

Machine Learning and Intellectual Property

On March 15, 2016, AlphaGo—a machine designed by researchers at DeepMind, an artificial intelligence laboratory owned by Google—defeated Lee Sedol, the best Go player in the world. Go is a popular board game played by two people; the goal is to surround more points on the board than your opponent. For years, Go had posed a unique challenge to computer scientists. The rate at which possible moves in the game increase was so significant that Continue Reading →

New USPTO Rules for Post-Grant Proceedings

Since the institution of the America-Invents-Act (AIA, the U.S. Patent and Trademark Office (USPTO) has been experiencing growing pains with increasing numbers of post-grant proceedings. In an effort to fine tune the system, on March 31, the USPTO finalized a new set of rules overhauling trial practices affecting America Invents Act post-grant proceedings including inter partes review (IPR), post-grant review (PGR), the transitional program for covered business method patents, and derivation proceedings. (https://www.ptabtrialinsights.com/wp-content/uploads/sites/13/2016/03/final-rules.pdf)  The new Continue Reading →

STLR Link Roundup–March 25, 2016

Update on Apple & the FBI The case between Apple and the FBI has been getting a lot of attention lately, but things might be coming to an end soon. As everyone likely knows, this case has been about the FBI trying to compel Apple to help unlock an iPhone that was used by someone who murdered 14 and wounded 22 people in San Bernardino. On March 21st the Federal Bureau of Investigation filed a Continue Reading →

STLR Link Roundup – March 25, 2016

Supreme Court Will Now Hear Apple v. Samsung Patent Case The U.S. Supreme Court on Monday (March 21) agreed to hear part of the patent case between Apple and Samsung. The Court will consider Samsung’s argument that the damages for infringing a design patent should be based on an assessment of the significance of the design to the overall value of a product. Currently, courts award full value of a product. However, the court refused to Continue Reading →

The PTO’s “Grace Period” for Prior Art Disclosures Under the Leahy-Smith America Invents Act

The Leahy-Smith America Invents Act (“AIA”), signed into law on September 16, 2011, has been considered the most significant change to the United States patent system since 1952. Most notably, the AIA changed the U.S. patent system from a “first-to-invent” to “first-to-file” system, in which priority is given to the first inventor(s) to file their patent application. This change, which applies to all patent applications filed on and after March 16, 2013, helped align the U.S. Continue Reading →

His last bow – CRISPR/Cas9 and possibly the last famous Interference proceeding

The patent fight over the CRISPR/Cas9 system  between Dr. Jennifer Doudna with her employer and assignee UC Berkeley on the one side and Dr. Feng Zhang with MIT and the Broad institute on the other side has gained (almost) as much attention as the Sanders vs. Clinton race. Whereas the latter will be decided no later than July this year at the DNC convention, we may have to wait much longer to know the outcome Continue Reading →