Firm News

Apple Inc. Patent Revived After Federal Circuit Reverses PTAB Decision

»»On September 19, 2016, the Federal Circuit issued an opinion in In Re: Lemay, in which it reversed the Patent Trial and Appeal Board’s (“PTAB”) denial of Apple Inc.’s patent application directed to a method of streaming online videos to a portable device.  The Federal Circuit’s opinion addresses the topic of claim construction.   BACKGROUND […]

Clarifying 35 U.S.C. § 101 in McRO, Inc. v. Bandai Namco Games America

»»The U.S. Court of Appeals for the Federal Circuit, in McRO, Inc. v. Bandai Namco Games America, reversed the district court’s judgment on the pleadings that the asserted claims of U.S. Patent Nos. 6,307,576 (the ‘576 patent) and 6,611,278 (the ‘278 patent) were directed to patent-ineligible subject matter and therefore invalid under 35 U.S.C. § […]

The Heightened Need for Non-Infringement Opinions After Halo and Stryker

»»The Supreme Court recently decided two cases, Halo Electronics, Inc. v. Pulse Electronics, Inc., et al. and Stryker Corporation, et al. v. Zimmer, Inc., et al., dealing with the standard that courts must use when determining whether or not to award enhanced damages to a patent plaintiff. As an enhanced damage award can often be […]

Staying ahead of the pack with “Track One” Accelerated Cases

»»Consider filing a “Track One” case to jump to the front of the line for an extra fee. You may even get a more experienced and decisive examination by paying the additional Track One fees.

All Eyes are on the IRS and its Review of Facebook’s IP Valuation Methods

»»The IRS began an investigation in 2013 examining the valuation methods used in Facebook’s transfer of intellectual property rights to a foreign subsidiary in 2010. In early July, the investigation stepped up a notch when the IRS filed a summons in federal court requesting more information on the transfer. In a common move for large […]

USPTO Adds New Pilot Program – Combines Features of Pre-Appeal Conference & After-Final 2.0 Program with goal of compacting prosecution

»»One of the more frustrating aspects of securing U.S. patent protection is the process of prosecuting a patent application after it has been drafted and filed. “Patent prosecution” is an administrative process of the United States Patent & Trademark Office (USPTO) encompassing the interaction between patent examiners and technical innovators (patent applicants and their attorneys […]

New Maier & Maier Website

»»We are excited to launch the new MaierAndMaier.com website! Be sure to check back on a regular basis as we continue to update the website with valuable resources and important news related to IP law.