AT&T sued for selling customers’ real-time location data

The linked complaint, a class action filed by the Electronic Frontier Foundation, alleges that AT&T sold its customers’ real time location data, intended for enhanced 911 purposes, to unauthorized third parties without the knowledge/consent of the users.

Similarity of purpose not enough to establish motivation to combine

In William Wesley Carnes, Sr., Inc. v. Seaboard Int’l Inc., No. IPR2019-00133, Petitioner filed a Petition for inter partes review of US Pat. No. 8784542, in which each independent claim was directed to a shale-gas separator and each prior art reference was directed to an apparatus for treating drilling mud. In their obviousness analysis, PTAB […]

Federal Circuit vacates and remands to PTAB with instructions to “address the relevant factors…under the proper legal standard”

Or, “Things that should never have to be said” In In re Global IP Holdings, LLC, Fed. Cir., No. 2018-1426, July 5, 2019, the Federal Circuit so held/said, after the Examiner and PTAB maintained the position held to be without legal basis for over 4 years. See, USSN 14/632238, the reissue application of US Patent […]

International Preliminary Examination to start sooner, by default, as of July 1

Prior to July 1, International Preliminary Examining Authorities were required to wait to start examination until the expiration of the time limit for filing a demand by PCT Rule 54bis1. As of July 1, PCT Rule 69.1(a) establishes new timing for the start of international preliminary examination. More specifically, amended Rule 69.1(a) states that the […]

40 Years of the PCT

The 2019 PCT yearly review was recently released, and includes a special report summarizing 40 years of the Patent Cooperation Treaty. Some of the interesting statistics reported include: • In 1978 20 countries were members of the PCT. By the end of 2018, 152 countries were members. • It took 26 years for the total […]

Facebook lawyers argue that users have no reasonable expectation of privacy – and LOSE!

This is such an entertaining read, really, truly I can add nothing. 05-29-2019-Facebook-Inc-Consumer-Privacy Transcript UPDATE September 12, 2019.  In an order dated September 9, 2019 (Facebook order), Judge Chhabria dismissed some, but maintained many, claims of the class action suit.  In the opinion, Judge Chhabria addresses Facebooks three main arguments and dismisses two outright, and […]


Senator Mark Warner (D-VA) and Missouri Republican Senator Josh Hawley (R-MO) have this week introduced the Dashboard Act, which proposes to require “commercial data operators” (defined as businesses with over 100 million monthly users) to disclose the types of data collected, and provide their users with an assessment of the value of that data. Additional proposals […]

PTA Determinations after 84 F.R. 20343/Supernus

On May 9, 2019, the USPTO issued a notice concerning its patent term adjustment procedures in light of the Federal Circuit’s decision in Supernus Pharm., Inc. v. Iancu, 913 F.3d 1351 (Fed. Cir. 2019). Although the notice states that the USPTO would be modifying its procedures in light of Supernus, it is not, doing so. […]

“Microboutiques Aim to Attract Patent Work with Experience”

This article, by Ryan Davis on Law360, hits the nail on the head. As with microboutiques, when you hire a solo, you know who is doing your work. And, it is typically someone with at least partner level experience but that is yet able bill at a much lower rate due to the lesser overhead […]

2nd Year of IP5 PCT Collaborative Search and Examination Pilot to Start July 1, 2019

The 5 participating offices are the European Patent Office, Japan Patent Office, Korean Intellectual Property Office, National Intellectual Property Administration, PRC and the USPTO. On July 1, those offices that had reached their year one goals (the USPTO was one such ISA), will begin accepting applications for admission into the second year of the pilot. […]