Nike’s battle against Skechers continues – the gloves (or shoes?) come off

Nike has sued Skechers for infringement of 12 of Nike’s design patents.  The complaint alleges that Skechers business strategy is to knock-off the successful designs of it’s competitors, while in previously battles, Skechers has asserted that it merely “takes inspriation” from competitive products, in a process referred to internally as “Skecherizing”.2019-PATENT-Nike-v-Skechers

Work for hire agreements must be entered into before the commissioned work is created

In very limited circumstances, a series of writings executed after creation will be effective, but the writings must confirm a prior agreement, either implicit or explicit, reached before the work was created. Kauffman v Rochester Institute of Technology

Federal Circuit tells PTAB to stay in their lane on certificate of correction issue

Honeywell International Inc. (“Honeywell”) owns US Patent No. 9,157,017 (the ‘017 patent) directed to fluoroalkene compounds used in refrigeration systems.  The ‘017 patent recites a chain of priority dating back to 2002.  During prosecution of the ‘017 patent, Honeywell filed a preliminary amendment in which all 20 original claims were replaced with 20 claims directed […]

PTO Releases New Subject Matter Eligibility Guidance

The release Update with Appendix Oct 2019 includes guidance on determining whether a claim recites one or more abstract idea(s) and if so, if the abstract idea(s) is/are limited to practical applications of the idea, additional examples in the life sciences and data processing categories and a table of cases from the Supreme Court and […]

Prosecution history estoppel does not apply if arguments were “made in a different context”

In MTD Products, Inc. v. Andrei Iancu (MTD), MTD appealed to the Federal Circuit from an IPR decision holding all claims unpatentable of US 8,011,458.  The claims at issue concerned a zero-turn radius vehicle, typically a mower.  The claim term “mechanical control assembly” was at issue and in particular, whether or not the claim term […]

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) has filed a motion to intervene In United States v. Facebook

An article outlining the background and deficiencies in the settlement can be found at https://epic.org/privacy/facebook/epic2019-challenge/.  Links to the motion, the opposition of Facebook and the Government to EPIC’s motion and EPIC’s reply, among other FTC, and FOIA documents are provided.

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 – […]

EPO to Amend Rules of Procedure of the Boards of Appeal (RBPA), effective January 1, 2020

The attached publication from the EPO EPO Appeal Rule Changes 1JAN2020 includes a chart showing the rule in its current form, the rule showing the proposed changes, and explanatory remarks. The amendments are mainly directed to case management and provides means to accelerate the appeal proceedings.  Acceleration can be requested by either party, or by […]

Wherein clauses are limiting on their face, more so if the specification and prosecution history support that they are material to patentability