Articles & Media

Federal Circuit Overturns Summary Judgment Based on §101 Ineligibility

»»In a new precedential decision released September 28, 2022, the Federal Circuit overturned a decision from the Northern District of California. The lower court’s decision granted summary judgement for defendant Kollective Technology, finding all claims of plaintiff-complainant Cooperative’s ‘452 patent ineligible under 35 U.S.C. §101. Cooperative’s ‘452 Patent relates to systems and methods for structuring […]

USPTO Transitions to New Online Search Tool, Patent Public Search

»»On September 30, 2022, the United States Patent and Trademark Office (USPTO) consolidated and replaced four legacy search tools with a single Patent Public Search tool. The new tool is intended to streamline the search process for users and to incorporate new, useful features. The legacy tools that were phased out include: Public-Examiner’s Automated Search […]

Stephen Kunin Named Go To Lawyer for Intellectual Property Law by Virginia Lawyer’s Weekly

»»Maier & Maier partner, Stephen Kunin, has again been named by Virginia Lawyer’s Weekly as a Go To Lawyer for Intellectual Property Law. The selected attorneys were nominated by their colleagues and chosen by a panel from Lawyers Weekly. The full list and individual profiles can be read here.

Protecting Intellectual Property in the Cannabis Industry

»»The ever-growing cannabis industry has induced evolution in both the business and legal worlds. In the past few years, legal sales of cannabis for medical and recreational purposes have significantly increased and are projected to continue rising. The cannabis industry includes both plant-touching and ancillary businesses. Plant-touching businesses focus on breeding and cultivating the cannabis […]

USPTO Deferred Subject Matter Eligibility Response (DSMER) Pilot Program to Launch February 1, 2022

»»A new Deferred Subject Matter Eligibility Response (DSMER) Pilot Program will launch at the USPTO on February 1, 2022. This Pilot Program is designed to address issues currently present in examination of applications for eligibility under 35 U.S.C. 101. The Pilot Program will allow applicants to defer examination under Section 101, such that the application […]

U.S. District Judge Alan Albright Provides Informative Update at the 2021 IPO Annual Meeting

»»Judge Alan Albright assumed the bench in September of 2018 and has quickly made the Western District of Texas a premier venue for patent litigation. 24% of all patent cases filed so far in 2021 were filed in the WDTX, up from just 3% of patent cases filed in 2018. This significant increase in filings […]

USPTO Precedential Opinion Panel: Pending Petition Roundup

»»The Precedential Opinion Panel “POP” has had a number of petitions recently on key issues facing the Patent Trial and Appeal Board (“PTAB”). We’ve collected some of the most impactful below concerning the use of Applicant Admitted Prior Art (“AAPA”) and two focusing on the Fintiv factors for discretionary denial. 1. SolarEdge Techs. Ltd v. […]

USPTO Issues Patent Number 11,000,000

»»In yet another sign of the strength of the U.S. patent system, the USPTO has now issued Pat. No. 11,000,000. The patent, dated May 11, 2021, was for “Repositioning Wires and Methods for repositioning Prosthetic Heart Valve Devices Within a Heart Chamber and Related Systems, Devices, and Methods”. When the USPTO began numbering patents in […]

IBM-IPwe’s Push to Tokenize Patents Could Revolutionize Portfolio Monetization

»»Earlier this week, IBM announced it would be working with IPwe to launch a new IP Marketplace powered by IBM’s blockchain technology. Organizations can also more easily view the IP as an asset on their balance sheet.” As related technology has been implemented to represent sports memorabilia and iconic moments, digital art, and even social […]

Overcoming Sect. 101 Rejections: USPTO Guidance, Recent Decisions to Meet Sect. 101 Patent Eligibility Requirements

»»Maier & Maier is pleased to announce that distinguished partner, Stephen Kunin, will be speaking in an upcoming Strafford live video webinar, “Overcoming Sect. 101 Rejections: USPTO Guidance, Recent Decisions to Meet Sect. 101 Patent Eligibility Requirements” scheduled for Tuesday, April 27, 1:00pm-2:30pm EDT. We encourage anyone interested in Section 101 issues at the USPTO […]