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Patent
Here comes your alarm clock for patent application【Original】
e小方  • 
It always happens out of various reasons that companies fail to apply for patent at the very first time. That’s why an alarm clock warning applicants of critical time nodes in the process of patent application is much needed.

Virtual testing ground helps autonomous drones fly faster

It's not easy to teach drones to fly quickly and safely. You usually have to create an elaborate proving ground with real obstacles, and a single mishap could prove very costly. [link]

Texas jury backs HTC in patent claim

A Texas federal jury has found that consumer electronics company HTC did not infringe patents asserted by a former rocket scientist employed by the US government. The US District Court for the Eastern District of Texas Marshall Division announced the decision on Friday, May 11.[link]

Nikola Accuses Tesla of Design Patent Infringement on Aerodynamic Truck Cabin Features

On April 30th, alternative fuel vehicle manufacturer Nikola Corporation filed a complaint alleging claims of design patent infringement against electric vehicle maker Tesla Inc. Filed in the District of Arizona, Nikola’s complaint accuses Tesla of copying various elements of design patents held by Nikola in the area of heavy duty semi truck cabin design.[link]

Developing a US innovation policy bolstered by strong IP protections

For many years now, the majority of the popular press has spun a tale of how patents hinder innovation, and that organizations or individuals who lawfully assert the rights associated with them are unreasonable to ask for compensation for this inventive output.[link]

Patent Practice 101: Representation Agreements and Client Trust Accounts

Once you pass the patent bar exam how does one learn to actually practice? Like so many things in life, experience is the best teacher, but finding a job without some experience can be extremely difficult. [link]

Written Description Support for Claimed Range Requires More than Broad Disclosure

Appellant General Hospital Corp. (“GHC”) appealed the Board’s dismissal of an interference because the claims of its involved patent application lacked sufficient written description. GHC also appealed the Board’s denial of its contingent motion to add a new claim.[link]

Class action complaint filed against USPTO

Heninger Garrison Davis, LLC said attorneys from its class action and intellectual property group filed a class action complaint “against the United States and the United States Patent and Trademark Office (USPTO) for damages to Christy, Inc. and a class of other patent holders whose property was taken by the USPTO without compensation in violation of the Fifth Amendment of the Constitution.”[link]

Hatch-Waxman Litigation: 60 Percent Increase in ANDA Lawsuits from 2016 to 2017

Lex Machina recently released a Hatch-Waxman ANDA Litigation 2018 Report which looks at recent trends in patent litigation related to generic pharmaceuticals being introduced to the U.S. marketplace. Key takeaways from the report include a recent rebound in the number of cases related to abbreviated new drug applications(ANDA) filed in U.S. district court as well as a significant increase in ANDA case filings in a particular district currently facing a shortage in its judicial bench.[link]

Vanda v. West-Ward: This Time, Dosage Adjustment Claims are Patent Eligible Subject Matter

The Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, No. 2016-2707, addresses the complicated topic of patent eligibility in the pharmaceutical space. [link]

Is the pro-patent community going to continue to lose every battle?

I recently had the opportunity to interview USPTO Director Andrei Iancu. In a wide-ranging interview where no questions or topics were ruled out of bounds, we discussed the Patent Trial and Appeal Board (PTAB), inter partes review, patent eligibility and more. [link]

23AndMe Sues Ancestry.com Over DNA Genetic Testing Kits

On Friday, May 11th, Mountain View, CA-based personal genetics testing company 23AndMe filed a lawsuit alleging patent infringement claims against Lehi, UT-based genealogy firm Ancestry.com. The suit, filed in the Northern District of California, targets Ancestry’s use of a DNA testing kit,  which allegedly infringes upon a genetic testing patent held by 23AndMe.[link]

Patent Valuation, Discount Rates and the Global IP Index

Suppose you are valuing a large patent portfolio with issued patents and pending applications in more than 20 countries throughout the world. One of your tasks would be to project how much royalties each patent could collect in each of the subject countries over time. How many years should you model out your anticipated revenue streams? The fewest number of years when considering the term of the license agreement, obsolesce of the subject technology and the expiration of the patent.[link]

The PTAB Continues to Break Patent Promises to the Detriment of Inventors

My story of abuse and patent promises broken by the Patent Trial and Appeal Board (PTAB) usually falls on sympathetic ears. The fact that both Telebrands and the U.S. Patent and Trademark Office have teamed up to rob me of my patent rights is unjustifiable and outrageous. But I’m surviving. Even if the lawyers take 70 cents of every dollar I’ve earned, it leaves me with 30 cents. Not bad.[link]

Director Iancu worries current state of Section 101 ‘weakens the robustness of our IP system’

“I do worry that the current state of Section 101 in patentable subject matter weakens the robustness of our IP system in the affected area,” Iancu said.[link]

Xiaomi called out in telecoms patent dispute

A lawsuit filed in China last week accused Beijing-based Xiaomi of developing mobile devices which contain patent infringing technology.[link]

New Boutique Firm Dowd Scheffel is Founded in Washington DC

May 2018 – Dowd Scheffel PLLC is pleased to announce its founding by Matthew J. Dowd and Robert J. Scheffel. The firm offers the highest quality legal services for all aspects of intellectual property and civil litigation. Mr. Dowd and Mr. Scheffel opened the practice based on a relationship forged while working together at a large AmLaw 100 firm. [link]

Mixed news for Adidas in Skechers trademark dispute

Adidas has been given both good news and bad news in its trademark fight with Skechers as the US Court of Appeals for the Ninth Circuit has upheld one preliminary injunction and reversed another. Circuit Judge Jacqueline Nguyen delivered the Ninth Circuit’s opinion on May 10.[link]

Messy Trademark Case Over ‘The Sloppy Tuna’ Gets Cleaned Up by the Second Circuit

On April 20th, the Court of Appeals for the Second Circuit issued a decision in Montauk U.S.A. LLC v. 148 South Emerson Associates LLC which vacated-in-part an earlier ruling in a trademark case issued from the Eastern District of New York.[link]

CAFC Affirms Rejection of Application for Incorrect Inventorship

The Federal Circuit recently affirmed a decision of the United States Patent and Trademark Office to reject VerHoef’s pending application 13/328,201 for a dog harness under pre-AIA Section 102(f) because the applicant “did not himself invent the subject matter sought to be patented.”[link]

How to Effectively Derive Return On Investment (ROI) From US Federal Research Intellectual Capital

A massive amount of intellectual capital gets created every day from $150 billion in annual research funding allocated to federal laboratories and universities in the United States. Unfortunately, most of that intellectual capital never makes it to the market and does not generate any return on investment (ROI). [link]
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