News & Resources
When ‘No Means’ Means ‘Means’ in Functional Claim Language
Posted on Jun 24, 2015 in Articles
The preferred patent claim strikes a very fine line. When patent claims are broad, with fewer words, it is easier to find that they have been infringed. When claims are too broad, however, they may fail to meet the statutory requirements of patentability, for they may then fail to distinguish over the prior art (i.e., that which was already known before the patent was applied for). One way that patent attorneys draft broad claims, while at the same time differentiating over that which is already in the public realm, is to use something called functional claiming. Simply put, instead of writing a patent claim that describes what something is, a functional claim describes what something does (and hence the function that is performed).
Read MoreNo Need To Take Revenge Porn Lying Down
Posted on Jun 23, 2015 in Blog
The age of the internet and digital media has created new problems in protecting personal privacy. The viral nature of online intimate and explicit images allows for any individual image to quickly spread across the internet. Once an image has spread across the internet, there are a limited number of ways to stop its further distribution.
Read MoreClaims to Detection and Analysis of Fetal DNA in Maternal Plasma Were Found Invalid for Failing to Transform the Subject Matter of the Claims From a Natural Phenomenon Into Patent-Eligible Subject Matter
Posted on Jun 22, 2015 in Blog
In Ariosa Diagnostics, Inc. v Sequenom, Inc. (No. 14-1139 (Fed. Cir. Jun. 12, 2015)) the United States Court of Appeals for the Federal Circuit (“CAFC”) upheld a decision by the U.S. District Court for the Northern District of California invalidating a patent covering a ground breaking technique for fetal testing and diagnostics.
Read More50-Year Anniversary of Manny Pokotilow
Posted on Jun 17, 2015 in News
We’re pleased to announce Manny Pokotilow’s 50th anniversary with the firm. Manny has made numerous contributions to the firm, including serving as its Managing Partner for more than 20 years, from 1990 through 2012. Under his direction and guidance the firm grew and prospered.
Read MoreU.S. Supreme Court Rules Good-Faith Belief in Patent Invalidity is Not a Defense to Induced Infringement
Posted on May 27, 2015 in Blog
On May 26, 2015, the Supreme Court of the United States, in Commil USA, LLC v CISCO Systems, Inc. in a 6-2 split decision, held that an alleged infringer’s good-faith belief that the patent-in-suit is invalid is not a defense to a claim of induced patent infringement. Justice Kennedy wrote the majority opinion. Justice Scalia and Chief Justice Roberts dissented. Justice Breyer did not take part in the decision.
Read MoreThe Washington Redskins Might Be Getting Trademark Help
Posted on May 27, 2015 in Articles
And so continues the latest controversy over the name of a professional sports team. Last year, the U.S. Patent and Trademark Office (PTO) canceled the Washington Redskins’ trademark registration, citing the federal trademark statute that prohibits the registration of trademarks that are disparaging.
Read MoreAshery Quoted re the Impact of Eon v. AT&T Mobility Case on Patent Drafting
Posted on May 11, 2015 in News
The Federal Circuit recently found a software patent to be invalid because of lack of disclosure of several computer algorithms (Eon v. AT&T Mobility). Larry Ashery, a partner with Caesar Rivise, was quoted in an article published by Law360 (on May 8, 2015) discussing the case.
Read MoreGoogle Wants to Purchase Your Patents
Posted on May 5, 2015 in Blog
If you own a U.S. patent and would consider selling it, Google has instituted an experimental “Patent Purchase Promotion” from May 8 – May 22, 2015. During this “open period”, patentees can submit a Patent Order Submission Form for each patent (one per patent), which allows the patentee to describe his/her patent , along with the offer price to sell it to Google.
Read MoreCR at the PA BIO Spring Social in KoP
Posted on May 5, 2015 in Events
Caesar Rivise attorneys Joe Murphy and Eric Marzluf will be hosting a booth at the PA BIO Spring Social on May 7, 2015 from 5-7:30 pm at the Crowne Plaza Valley Forge in King of Prussia, PA. Please stop by our booth if you will be attending.
Read MoreHBO’s John Oliver on Abuse of the U.S. Patent System and How You Can Use the Patent Application Alert Service to Do Something About It
Posted on Apr 24, 2015 in Blog
The April 19, 2015 episode of HBO’s Last Week Tonight featured a critique of the U.S. patent system by host John Oliver. After emphasizing the importance of patents to the funding of companies as evidenced by everyone’s favorite investors, the “sharks” of ABC’s Shark Tank, Oliver proceeded to provide an entertaining, albeit simplistic, overview of the economic harm caused by overly broad and vague patents asserted by non-practicing entities, which are more commonly known as “patent trolls”.
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