Articles & Media

IP Check-In On The Supreme Court Docket

»»There are currently multiple significant IP cases pending at the Supreme Court, including both the Oracle case and the Arthrex cases, and a number of petitions denied cert. Here are the latest case updates on IP at the Supreme Court: Google v. Oracle On October 7th, the Supreme Court heard oral arguments for the Google […]

USPTO Well-Equipped For Surge Of Artificial Intelligence IP

»»As Artificial Intelligence (“AI”) continues to transform industries across both the U.S. and the globe, the United States Patent and Trademark Office has been handling the issues at a much higher rate. In response to the developing field, the USPTO released a report on AI and the related Intellectual Property issues. “The USPTO has long […]

Supreme Court Outlook: Nominee Amy Coney Barrett’s IP Record

»»With multiple IP issues percolating in the lower courts, there will likely be many federal issues decided in the coming years. With the passing of Justice Ginsberg, Amy Coney Barrett stands as the nominee to inherit those votes and a staunch textualist. Here are the some of the most recent Barrett decisions on intellectual property […]

Maier & Maier Secures Sale for Client After Successfully Prosecuting Portfolio of Patents

»»Maier & Maier has officially secured a deal for its clients on a patent portfolio in the gas-flow technology field. Maier & Maier successfully prosecuted the patent portfolio on behalf of the inventor. With the demonstrated high quality of Maier & Maier’s drafting and prosecution, the inventions drew interest from the purchaser. Maier & Maier […]

USPTO Forms Council to Bolster Inventor Diversity Platform

»»Earlier this year, the USPTO launched the new Expanding Innovation Hub Platform. The Hub is designed to help foster inventorship from underrepresented groups including both female and minority inventors. As emphasized by USPTO Director Andrei Iancu, “To maintain our technological leadership, the United States must seek to broaden our intellectual property ecosystem demographically, geographically, and […]

USPTO Issues IPR Guidance On § 311(b) Prior Art

»»On August 18, 2020, the USPTO issued guidance on § 311(b)’s institution requirement that IPR’s may only be petitioned “on the basis of prior art constisting of patents or printed publications” and how this applies to statements of the applicant in the specification. The use of statements like these is referred to as ‘Applicant-Admitted Prior […]

Federal Circuit Overturns Pre-Suit Damage Award Against NetScout

»»On July 22, the Federal Circuit ruled that marking requirements for pre-suit damages cannot be satisfied based on defendant’s infringement of a related method claim in Packet Intelligence LLC v. NetScout Systems, Inc. In the case, Packet Intelligence sued NetScout Systems for patent infringement in the Eastern District of Texas. The Jury found in favor […]

Federal Circuit Upholds Subject Matter Eligibility Review for Substitute Claims In IPR Proceedings

»»The Federal Circuit ruled that the PTAB May review all aspects of patentability for substitute claims in inter partes review (IPR) proceedings in Uniloc 2017 LLC v. Hulu, LLC last month. At the PTAB, Hulu petitioned for IPR on Uniloc’s patent “System and Method for Adjustable Licensing of Digital Products”.  In the course of the […]

Arthrex: Federal Circuit Rejects En Banc Rehearing On PTAB Judge Constitutionality

»»The Federal Circuit has denied the request for rehearing on their Arthrex decision from this past fall. As Maier and Maier’s own Steven Kunin describes here, this rejection sets up a probable grant of certiorari on the issue from the Supreme Court. “The split among the judges provides a roadmap for a probable Supreme Court […]

New Rules For Proving Unintentional Delay At USPTO

»»On March 2, 2020, the USPTO published a new notice in the Federal Register clarifying their practice regarding unintentional delay. “The United States Patent and Trademark Office (USPTO) is clarifying its practice as to situations that will require additional information about whether a delay in seeking the revival of an abandoned application, acceptance of a […]