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There’s No Place Like Home – Supreme Court Ruling on Patent Venues

Written by Richard Fladung on May 25, 2017

As the famous line spoken by the character Dorothy in The Wizard of Oz suggests, companies facing patent litigation claims are now more likely to have cases brought in district courts where they are incorporated or headquartered, rather than in the present popular patent districts or “hot spots.”  The recent ruling by the Supreme Court Read More…

When Is Telling Someone You Have A Secret Revealing Too Much?

Written by David Gorski on May 10, 2017

Of course, telling someone that you have a secret is not the same as telling them what the secret is. Still, someone now knows that you have a secret. This has turned out to be an important concept for the “on-sale bar rule” in patent law. A patent is a deal with the US government. Read More…

Apple v. Samsung – A Smartphone is More than Just a Pretty Face

Written by David Gorski on December 8, 2016

Since their initial release, smartphones have been a hot commodity with intense competition.  One particularly contentious issue has been their appearance.  During early development, Apple, Inc. (“Apple”) obtained several design patents covering the design of the now iconic appearance of the iPhone®, with its rectangular face, rounded edges, and grid of colorful icons on a Read More…

Back from the Brink – Software Can Be Patent Eligible under 101

Written by David Gorski on September 23, 2016

Since the 2014 U.S. Supreme Court ruling on patent eligibility in Alice v. CLS Bank, patent holders and applicants have seen an almost unchecked string of patent ineligibility holdings in U.S. courts and U.S. Patent and Trademark Office decisions related to software-implemented patents. The Alice decision swept aside many inventions as unpatentable because they relied Read More…

On Sale or Not on Sale, That Is the Patent Question

Written by David Gorski on July 14, 2016

Under U.S. patent law, it is considered improper to market a product and, after realizing the product’s commercial viability, to then receive patent protection under U.S. patent law. A mechanism of U.S. patent law designed to prevent improper commercialization is the “On Sale Bar” found in 35 U.S.C. § 102.  Basically, the On Sale Bar Read More…