Entries by kimjordahl

Tug Toy Survives §101 Challenge on Motion to Dismiss

FYF-JB, LLC sued Pet Factory for allegedly infringing its tug-toy patent.  Pet Factory responded with a motion to dismiss, arguing that the asserted claims are not patent eligible, and further, noncompliant with 35 USC §112.  FYF-JB v Pet Factory In particular, FYF-JB’s tug-toy patent (US 9,681,643) describes that a need existed in the art for […]

The Electronic Privacy Information Center (EPIC) just released a scorecard rating privacy legislation currently pending

The report provides a good overview of privacy legislation currently pending.  See Epic’s Report here EPIC GradingOnACurve. Rather, EPIC ranked Senator Ed Markey’s (D-MA) Privacy Bill of Rights Act, S. 1214 Markey’s Privacy Bill of Rights Act, as the most comprehensive and responsive to current privacy threats.  The title of the report is noteworthy – […]

USPTO requests comments on patenting AI inventions

In 84 FR 44889, the USPTO has requested comments on issues related to patenting inventions related to artificial intelligence.  Although the PTO states that any comments believed to be relevant are welcome, the Notice poses 12 questions in which the PTO is particular interested in answers.  Comments must be received on or before October 11, […]

Amazon held strictly liable in products liability case

In Oberdorf v. Amazon https://www2.ca3.uscourts.gov/opinarch/181041p.pdf, plaintiffs sued Amazon after the d-ring on a dog collar bought on Amazon failed, resulting in the retractable leash attached thereto recoiling back and hitting plaintiff in the face, permanently blinding her in one eye.  The 3rd circuit court of appeals reversed the district court and held that Amazon can […]

Claims directed to method of detecting a mutation in dog DNA held patent ineligible under §101

On August 9, 2019, the US Court of Appeals for the Federal Circuit so held.  The patent covered ways to genotype Labrador Retrievers for the presence of a mutation in the SUV39H2 gene associated with Hereditary Nasal Parakeratosis (HNPK).  The invalidated claims were directed to methods of genotyping and required only obtaining a biological sample, […]