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IPWatchdog, Inc IPWatchdog is the leading authority on patents and innovation policy in the U.S. In 2014 we were also inducted into the ABA Blawg Hall of Fame.
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IPWatchdog.com has been online since 1999 and has provided information and news regarding intellectual property to many tens of millions of unique visitors. This page is open to all, but is intended to provide a platform to meet others who are interested in intellectual property topics including patents, copyrights, trademarks, trade secrets, business and the Internet.

Royal Crown Co. v. Coca-Cola Co., No. 2016-2375, 2018 U(Fed. Cir. June 20, 2018) (Before Newman, O'Malley, and Taranto, ...
06/29/2018
Federal Circuit Vacates TTAB’s Findings That ZERO Is Not Generic

Royal Crown Co. v. Coca-Cola Co., No. 2016-2375, 2018 U(Fed. Cir. June 20, 2018) (Before Newman, O'Malley, and Taranto, J.) (Opinion for the court, O'Malley, J.) The USPTO approved The Coca-Cola Company’s combination marks including the term ZERO, to be used on a variety of beverages, without requiring a disclaimer of the term ZERO. The Royal Crown Company, Inc. [ 537 more words ]
http://www.ipwatchdog.com/2018/06/29/vacates-ttabs-findingszero-not-generic/id=98873/

The Trademark Trial and Appeal Board dismissed the oppositions, holding that ZERO was not generic for the relevant goods and had acquired distinctiveness. Royal Crown appealed. The Federal Circuit vacated and remanded for further proceedings.

"Once resolved, copyright owners will know what is required before being able to sue..." On Thursday, June 28, the U.S. ...
06/28/2018
Supreme Court to Resolve Copyright Registration Circuit Split

"Once resolved, copyright owners will know what is required before being able to sue..." On Thursday, June 28, the U.S. Supreme Court agreed to hear a case that should resolve the long-standing question of whether a plaintiff must have a copyright registration in hand when filing suit or, instead, can merely have an application pending. The case is Fourth Estate Public Benefit Corp. [ 330 more words ]
http://www.ipwatchdog.com/2018/06/28/supreme-court-resolve-copyright-registration-circuit-split/id=98878/

On Thursday, June 28, the U.S. Supreme Court agreed to hear a case that should resolve the long-standing question of whether a plaintiff must have a copyright registration in hand when filing suit or, instead, can merely have an application pending. The case is Fourth Estate Public Benefit Corp. v.....

Last week the United States Court of Appeals for the Federal Circuit invited the appellee, SAP America, to respond to In...
06/28/2018
Federal Circuit invites SAP America to Respond to InvestPic Petition for Rehearing - IPWatchdog.com | Patents & Patent Law

Last week the United States Court of Appeals for the Federal Circuit invited the appellee, SAP America, to respond to InvestPic, LLC's combined petition for panel rehearing and rehearing en banc in the matter of SAP America, Inc. v. InvestPic LLC (Appeal No. 2017-2081). InvestPic filed a combined petition for panel rehearing and rehearing en banc on June 19, 2018, making two arguments. [ 939 more words ]
http://www.ipwatchdog.com/2018/06/28/federal-circuit-sap-america-investpic-petition-rehearing/id=98786/

InvestPic filed a petition for panel rehearing making two arguments. First, that the original decision must be vacated because the claims considered by the panel were surrendered as the result of two reexaminations that ultimately resulted in the original claims being lost, with new claims awarded i...

On the morning of Tuesday, June 26th, both the House Subcommittee on Research and Technology and the House Subcommittee ...
06/28/2018
House Subcommittees Hold Hearing on Artificial Intelligence Challenges and Opportunities - IPWatchdog.com | Patents & Patent Law

On the morning of Tuesday, June 26th, both the House Subcommittee on Research and Technology and the House Subcommittee on Energy held a hearing titled Artificial Intelligence - With Great Power Comes Great Responsibility. The day’s discussion centered on issues surrounding the nascent technological field of artificial intelligence (AI), including both the potential negative and positive impacts that improved AI technologies could pose to the U.S. [ 1,325 more word ]
http://www.ipwatchdog.com/2018/06/28/house-joint-subcommittees-hearing-artificial-intelligence/id=98843/

The specter of increased Chinese investment into artificial intelligence was also discussed during the day’s hearing. Congressman Randy Weber (R-TX), chair of the House Energy Subcommittee, spoke to the concerns over increased tech investment by China into AI programs and how that threatens U.S. d...

The rate of digital transformation within the business world is unstoppable. Of course, transformation of this kind can ...
06/28/2018
Brand counterfeiting is starting to reach epidemic levels - IPWatchdog.com | Patents & Patent Law

The rate of digital transformation within the business world is unstoppable. Of course, transformation of this kind can deliver numerous benefits, but it is also leading to an increase in illicit counterfeit activity. In our research we have found that almost half (47 per cent) of brands are losing revenue due to counterfeiting. We’re not just talking about tiny amounts of money, either: one in three brands said the loss in sales equates to more than 10 percent. [ 976 more words ]
http://www.ipwatchdog.com/2018/06/28/brand-counterfeiting-reach-epidemic-levels/id=98617/

Almost half (47%) of all brands are losing revenue due to counterfeiting while four out often organizations have experienced an increase in the occurrence of counterfeiting and brand infringement. This has, more often than not, originated from a variety of components related to digital transformatio...

Tuesday June 19th, 2018 goes down in history for the patent world as the day U.S. Patent No. 10,000,000 was granted.  Th...
06/27/2018
From 1 to 10,000,000 – A History of Patents - IPWatchdog.com | Patents & Patent Law

Tuesday June 19th, 2018 goes down in history for the patent world as the day U.S. Patent No. 10,000,000 was granted. The journey from patent No.1 to patent 10,000,000 tells the story of an evolving economy and the technological change that has taken place over more than two centuries. Humble Beginnings - Patent #1 The first patent was filed and granted on July 31st, 1790. [ 1,531 more word ]
http://www.ipwatchdog.com/2018/06/27/from-1-to-10000000-history-of-patents/id=98649/

Tuesday June 19th, 2018 goes down in history for the patent world as the day U.S. Patent No. 10,000,000 was granted. The journey from patent No.1 to patent 10,000,000 tells the story of an evolving economy and the technological change that has taken place over more than two centuries.

The Federal Circuit in Berkheimer v. HP, Inc. caused the Alice pendulum to swing dramatically in a new direction, or bac...
06/27/2018
Blockchain Patent Strategies in view of the Berkheimer Decision

The Federal Circuit in Berkheimer v. HP, Inc. caused the Alice pendulum to swing dramatically in a new direction, or back to where it originally was. This article is not directly about the Berkheimer decision, which addressed step 2B of an Alice analysis, as others have addressed the changes in the law. We will summarize the Berkheimer decision and then apply its principles to business-related patents, and particularly blockchain technologies, and how… [ 2,226 more words ]
http://www.ipwatchdog.com/2018/06/27/blockchain-patent-strategies-berkheimer-decision/id=98701/

Applicants with blockchain patent claims should argue whether a claim is directed to a fundamental economic practice is a fact question with three parts: The claims should be directed to a (1) fundamental economic practice; (2) long practiced system of commerce; and (3) prevalent practice in our sys...

Last June, the U.S. Patent and Trademark Office published U.S. Patent Application No. 20170164007, titled Mixed Boolean-...
06/27/2018
Google vs. the Luddites: A Patent Battle Neither Side Should Win - IPWatchdog.com | Patents & Patent Law

Last June, the U.S. Patent and Trademark Office published U.S. Patent Application No. 20170164007, titled Mixed Boolean-Token ANS Coefficient Coding. Originally filed by Google with the USPTO in December 2016, the patent application claims a method for decoding an encoded bitstream using a computing device, the bitstream including frames having blocks of pixels, which involves the use of an entropy decoder state machine including a Boolean asymmetric numeral system (ANS) decoder and a symbol ANS decoder. [ 1,198 more word ]
http://www.ipwatchdog.com/2018/06/27/google-luddites-patent-battle/id=98454/

The idea that all software is obvious is a theoretical argument that wades right into the sewer. Consider artificial intelligence. If AI is supposed to augment human intelligence and provide us with answers to questions we can’t figure out without the use of AI, how is that at all obvious?

Supreme Court accepts Helsinn v. Teva, will decide if secret sales qualify as prior art under the AIA by @gqpatent via @...
06/26/2018
Supreme Court to hear Helsinn v. Teva, decide AIA Secret Sales

Supreme Court accepts Helsinn v. Teva, will decide if secret sales qualify as prior art under the AIA by @gqpatent via @ipwatchdog
http://www.ipwatchdog.com/2018/06/26/supreme-court-hear-helsinn-v-teva-aia-secret-sales/id=98802/

On Monday, June 25, 2018, the United States Supreme Court granted cert. in Helsinn Healthcare S.A., v. Teva Pharmaceuticals USA, Inc. Whether, under the AIA, an inventor’s sale of an invention to a third party that is obligated to keep the invention confidential qualifies as prior art.

Earlier today, iPEL, Inc., launched its new website and a brand-new model of patent monetization, which offers free and ...
06/26/2018
New Licensing Model Offers Free Patent Licenses to Startups and Small Businesses - IPWatchdog.com | Patents & Patent Law

Earlier today, iPEL, Inc., launched its new website and a brand-new model of patent monetization, which offers free and paid licensing options to operating companies. iPEL has also defined a set of business practices that a Non-Practicing Entity can follow in order to call itself an Ethical NPETM. iPEL was formed with $100 Million in initial capital, in May of 2017, by… [ 879 more words ]
http://www.ipwatchdog.com/2018/06/26/new-licensing-model-free-patent-licenses-startups-small-businesses/id=98775/

iPEL announced its Initial License Offering, which provides all companies an opportunity to secure a license to iPEL’s entire worldwide patent portfolio, through one of two licensing programs: (1) free licenses for small businesses and startups, and (2) paid licenses for larger businesses.

From clothing, handbags, and sunglasses, through to medicine, electrical goods, tobacco, and even food, it seems that no...
06/26/2018
Top 5 reasons why counterfeit goods are getting harder to spot

From clothing, handbags, and sunglasses, through to medicine, electrical goods, tobacco, and even food, it seems that nothing is beyond falling victim to counterfeiters. The appetite for fake products around the world is voracious, and is now estimated to make up 2.5 per cent of all international trade. Counterfeiting can sometimes be seen as a victimless crime where the only ones losing out are the super-rich corporations whose products are being copied. [ 1,022 more word ]
http://www.ipwatchdog.com/2018/06/26/top-5-reasons-counterfeit-goods-getting-harder-spot/id=98645/

A big reason for the increase in counterfeit goods is that quite simply, that they are getting harder and harder to spot, both by consumers and also by the authorities.

87.2% of patents in the study, per the table, were subjected to just 1 or 2 IPR petitions – so gang tackling is no big...
06/25/2018
The Real IPR Gauntlet: What USPTO Statistics Don't Show

87.2% of patents in the study, per the table, were subjected to just 1 or 2 IPR petitions – so gang tackling is no big deal. But make this simple observation: If a patent is killed in its first IPR, it can’t possibly be considered for a second one. I had the opportunity recently to see Chief Judge David Ruschke speak at the IPBC Conference in San Francisco. [ 581 more words ]
http://www.ipwatchdog.com/2018/06/25/real-ipr-gauntlet-uspto-statistics/id=98626/

87.2% of patents in the study, per the table, were subjected to just 1 or 2 IPR petitions – so gang tackling is no big deal. But make this simple observation: If a patent is killed in its first IPR, it can’t possibly be considered for a second one.

Intellectual property activities involving both the Chinese government as well as private entities within that nation ha...
06/25/2018
Influx of Trademark Applications at the USPTO Subsidized by Chinese Government, Include Doctored Product Images - IPWatchdog.com | Patents & Patent Law

Intellectual property activities involving both the Chinese government as well as private entities within that nation have been the source of much consternation within the United States in recent years. Enforced tech transfer rules for foreign entities looking to enter the Chinese domestic market, along with the outright theft of U.S. intellectual property and trade secrets, has led the administration of President Donald J. [ 1,247 more word ]
http://www.ipwatchdog.com/2018/06/25/trademark-applications-subsidized-chinese-government/id=98594/

According to Eric Perrott, a trademark and copyright attorney with Gerben Law Firm, chatter among U.S. trademark officials and attorneys regarding the increase of potentially fraudulent Chinese applications became more serious about a year ago. At that time, people were noting an increase of applica...

It’s not just counterfeits of gadgets or luxury fashion items available for sale on Amazon. There are plenty of counte...
06/24/2018
Amazon.com Has Major Counterfeit, Piracy and Data Privacy Issues

It’s not just counterfeits of gadgets or luxury fashion items available for sale on Amazon. There are plenty of counterfeit items that mimic badges and official documents from law enforcement agencies like the FBI and the Secret Service for sale on Amazon. Amazon.com has grown from its humble beginnings when it was established by Jeff Bezos in 1994 as an online bookseller to become perhaps the greatest monolith in global retail today. [ 1,207 more word ]
https://www.ipwatchdog.com/2018/06/24/amazon-com-major-counterfeit-piracy-data-privacy-issues/id=98551/

It’s not just counterfeits of gadgets or luxury fashion items available for sale on Amazon. There are plenty of counterfeit items that mimic badges and official documents from law enforcement agencies like the FBi and the Secret Service for sale on Amazon.

Global retail e-commerce sales will reach nearly $4.5 trillion by 2021 according to online statistics website Statista.c...
06/24/2018
PayPal Secures Patent for Augmented Reality Glasses

Global retail e-commerce sales will reach nearly $4.5 trillion by 2021 according to online statistics website Statista.com. It is also estimated that 1.66 billion people worldwide purchased goods online in 2017, accounting for 10.2 percent of all global retail sales during that year. By 2021, it’s expected that e-commerce will reach 17.5 percent of all global retail sales. Without question, one of the companies which has benefited the most from the growing Internet marketplace is PayPal Holdings ( [ 1,197 more word ]
https://www.ipwatchdog.com/2018/06/24/paypal-secures-patent-augmented-reality-glasses/id=98404/

This patent protects a method by which an augmented reality view of an identified object is generated to include promotional material, recommendations, location to purchase the product and product instructions from a database correlated with the object. This technology enables the user’s to access...

The best practice is not only to file what is necessary, but to also file drawings that go beyond what is minimally nece...
06/23/2018
Patent Applications 101: Drawings Really Should be Required

The best practice is not only to file what is necessary, but to also file drawings that go beyond what is minimally necessary. Drawings can be your best friend. For applications filed on or after December 18, 2013, other than design applications[1], U.S. patent laws no longer require that an application contain a drawing to be entitled to a filing date. [ 791 more words ]
http://www.ipwatchdog.com/2018/06/23/patent-applications-101-drawings-really-should-be-required/id=98706/

Best practice is not only to file what is necessary, but to also file drawings that go beyond what is minimally necessary. You never know later on during prosecution what details you may wish you had explained in the written text, what nuances you may wish you had elaborated upon. Drawings can be yo...

"The expansion of lost profits to include foreign lost profits enhances the ability of a patent owner to recover the app...
06/22/2018
Industry Reaction to WesternGeco LLC v. ION GeoPhysical - IPWatchdog.com | Patents & Patent Law

"The expansion of lost profits to include foreign lost profits enhances the ability of a patent owner to recover the appropriate amount damages that would make them whole," said Efrat Kasznick. "It’s economic justice." Earlier today the United States Supreme Court issued a decision in WesternGeco LLC v. ION Geophysical Corp., which in a 7-2 decision ruled that a patent owner may recover lost foreign profits for infringement under… [ 1,993 more word ]
http://www.ipwatchdog.com/2018/06/22/industry-reaction-westerngeco-llc-v-ion-geophysical/id=98636/

We reached out to our distinguished panel of industry insiders, and the initial reaction is the Supreme Court decision in WesternGeco LLC v. ION GeoPhysical is a clear win for patent owners. 'It’s economic justice,' said Efrat Kasznick. 'Clearly a win for patent owners,' said Ronald Abramson.

Supreme Court win for Patent Owners on Lost Foreign Profits in WesternGeco v. ION Geophysical by @gqpatent via @ipwatchd...
06/22/2018
Supreme Court win for Patent Owners on Lost Foreign Profits in WesternGeco v. ION Geophysical - IPWatchdog.com | Patents & Patent Law

Supreme Court win for Patent Owners on Lost Foreign Profits in WesternGeco v. ION Geophysical by @gqpatent via @ipwatchdog
http://www.ipwatchdog.com/2018/06/22/supreme-court-win-patent-owners-lost-foreign-profits-westerngeco-v-ion-geophysical/id=98629/

Justice Thomas wrote: 'The question in this case is whether these statutes allow the patent owner to recover for lost foreign profits. We hold that they do.' A win for patent owners at the Supreme Court.

Can a generics provider establish non-infringement of a patented method of treating a disease when the label of the drug...
06/22/2018
Denying Inducement to Infringe in Face of a Drug Label

Can a generics provider establish non-infringement of a patented method of treating a disease when the label of the drug it is seeking to market closely tracks the steps of that method? Very difficult, if not impossible, as would appear from Vanda Pharma v. West-Ward Pharma (“Vanda”), decided April 2018 by the Federal Circuit. In Vanda, generics provider West-Ward Pharma (“West-Ward”) mounted a strong effort to refute allegation of inducement to infringe Vanda Pharma’s patent on a method of treating schizophrenia, but failed. [ 1,256 more word ]
https://www.ipwatchdog.com/2018/06/22/denying-inducement-to-infringe-drug-label/id=98605/

Proving inducement requires showing the accused infringer possessed specific intent to infringe. In pharmaceutical cases, particularly those arising under Hatch-Waxman, specific intent may be supplied by the wording of a drug label. Vanda sheds light on several issues relevant to inferring inducemen...

On June 7th, San Antonio, TX-based reciprocal inter-insurance exchange United Services Automobile Association (USAA) fil...
06/22/2018
USAA Asserts Mobile Check Deposit Patents Against Wells Fargo - IPWatchdog.com | Patents & Patent Law

On June 7th, San Antonio, TX-based reciprocal inter-insurance exchange United Services Automobile Association (USAA) filed a lawsuit alleging claims of patent infringement against San Francisco, CA-based financial services multinational Wells Fargo. The complaint, filed in the Eastern District of Texas, involves the assertion of patents in the field of mobile financial services which, at first glance, appear as though they may face some rigorous validity challenges thanks to precedent set by the U.S. [ 1,015 more word ]
http://www.ipwatchdog.com/2018/06/22/usaa-mobile-check-deposit-patents-wells-fargo/id=98511/

USAA alleges Wells Fargo Mobile Deposit remote deposit capture system infringes upon the asserted patents. Wells Fargo Mobile Deposit has been downloaded more than 10 million times from the Google Play Store alone and by February 2018, Wells Fargo had 21 million users who were actively using a mobil...

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