This case is the latest case in the debate regarding if software related patents are eligible subject matter under the Federal Circuit. In this case, Accenture is the holder of U.S. patent number 7,013,284, which is directed towards systems that generate and organize insurance-related tasks. The claims in the ‘284 patent include claims with various [...]
The lesson to be learned in this case is that claim construction and invalidity based on the written description are separate issues that have their own tests, and serve different purposes. In this case, Trading Technologies owns a family of patents that are related to presenting interfaces to users associated with commodities exchanges, think stock [...]
Legalzoom or other legal companies that provide forms, templates, and other best practices documents that are a great resource for individuals and companies who desire legal protection at cheaper rates. In some circumstances, I do recommend people use Legalzoom for their legal needs, such as if they desire to have a simple will drafted, prenuptial [...]
There are several resources on the internet that are beneficial to patent attorneys, engineers, start-up companies, etc. that are new to patent law. I have included a link to each of the websites as well as a brief description of each website. References Beneficial to Start-Ups/Inventors New to Patents and/or Patent Law: 1. IP WATCHDOG [...]
A common question I get from the start-up community here in Austin is “Can I patent software for my mobile application and software?” Currently the United States is a jurisdiction that allows for software to be patented while other jurisdictions, such as Japan do not allow software to be patented. In re Bilski, a pivotal [...]
There are many differences between working at a larger patent prosecution firm (50+ lawyers, biglaw) and a small patent prosecution firm (1-3 lawyers, small law). Medium sized patent prosecution firms (10-30 patent lawyers) have many of the same issues as larger patent prosecution firms, just with clients with fewer demands for patents. Therefore, this blog [...]
Below is a list of the top 10 patent law firms in the US based on issued patents over the following years: 2011, 2012, 2013. I am pleased to see that my former firm, Harness, Dickey, and Pierce is still listed as a top 5 law firm even after my departure. I am very glad [...]
WHAT IS AN OFFICE ACTION? An “office action” is an official letter from the United States Patent and Trademark Office representing a patent examiner’s review of the status of a pending patent action. Typically, an office action indicated that none, some, or all of the pending claims are allowable, and the patent examiner’s concerns regarding [...]
Patent attorneys beware how you respond to restriction requirements because your response may cause patent prosecution estoppel. PATENT ATTORNEY OVERVIEW In this case, Plantronics filed suit against Aliph and Alipcom (collectively “Aliph”) alleging that Aliph infringed on US Patent No. 5,712,453. The ‘453 patent is directed to concha-style headsets for transmitting received sounds to the [...]
During patent prosecution it is likely that a patent examiner at the USPTO will issue an office action with a 35 USC 102 and or 35 USC 103 rejections. Samples for responding to a 35 USC 102 rejection can be found here and 35 USC 103 rejection here. The main different between a 35 USC [...]