Intellectual Property

Recent Posts

Is Our Reality Becoming a Patent Reality? Apple’s Building Patent Suggests It Is
Posted on 19 Jul 2012 by Travis Burchart

I'm developing a phobia of patents. Like germs, they're everywhere and often impossible to identify. Take the Apple Store for instance. The products carry a microbial layer of patent security, and unless you're a patent attorney or an inventor... Read More

Federal Circuit Allows Additional Claim on Patent Reissue as Hedge against Original Claim’s Possible Invalidity; Looks to Long-Standing Precedent in Reversing PTO/Board of Patent Appeals
Posted on 20 Apr 2011 by Travis Burchart

The narrow rule relating to the addition of dependent claims as a hedge against possible patent invalidity is a reasonable and long-standing interpretation of the reissue statute, according to last week's Federal Circuit decision. Yasuhito Tanaka... Read More

Your Good Will Hunting Moment: Arguing for the Non-Practicing Entity or against the Patent Troll
Posted on 9 Jul 2012 by Travis Burchart

In a scene from the movie, Good Will Hunting , about the fictional genius Will Hunting (Matt Damon), Clark, a Harvard student, approaches Will's friend Chuckie (Ben Affleck) in a bar and challenges Chuckie to an intellectual duel of sorts. Because... Read More

Google’s Patent Grab Invokes the Old Nuclear Doctrine “Mutual Assured Destruction”
Posted on 6 Jan 2012 by Travis Burchart

As reported by Mashable , Google recently acquired 217 patents from IBM. The patent acquisition might look developmental, but just as likely, it's a defensive move intended to build up its patent warheads in defense of trolls or other IP giants (e... Read More

$185 Million Patent Verdict Holds Up as Supreme Court Refuses to Address Joint-Inventor Question
Posted on 15 Jan 2013 by Travis Burchart

The Supreme Court yesterday refused to review a patent case that resulted in a $185 million jury verdict for catheter maker, C.R. Bard Inc . W.L. Gore & Assocs. v. C.R. Bard , 2013 U.S. LEXIS 626 (U.S. 2013) [ enhanced version available to lexis... Read More

Innovatio IP Ventures Dodges RICO Bullet, Puts WI-FI Users, Coffee Shops and Hotels in Its Patent Infringement Crosshairs
Posted on 14 Feb 2013 by Travis Burchart

Hotels, coffee shops, restaurants, supermarkets, and other commercial users of wireless internet - it might be time to take cover. A federal judge recently rejected several legal claims filed by Cisco, Motorola and Netgear, paving the way for the continued... Read More

Google’s Patent Grab Invokes the Old Nuclear Doctrine “Mutual Assured Destruction”
Posted on 6 Jan 2012 by Travis Burchart

As reported by Mashable , Google recently acquired 217 patents from IBM. The patent acquisition might look developmental, but just as likely, it's a defensive move intended to build up its patent warheads in defense of trolls or other IP giants... Read More

Ring Pops: A Fun Way to Teach Your Kids about False Patent Marking
Posted on 7 Jun 2011 by Travis Burchart

Next time you're in the supermarket checkout line, find the candy display and buy your child a Ring Pop. You'll be giving yourself an opportunity to explain the concept of false patent marking. Think how excited your five-year-old will be to... Read More

Does a Little Bit of Pollen and a Little Bit of Seed Equal a Whole Lot of Infringement? Farmers Answer “No” in Challenging Monsanto’s Transgenic Seed Patents
Posted on 7 Apr 2011 by Travis Burchart

Pop Quiz: Which is a correct statement? You're infringing a patent if: A. The Scotts Company applies its patented fertilizer to your neighbor's begonias and the fertilizer drifts onto your tulips; B. Sherman Williams applies its patented... Read More

NBA Throwing Some Elbows in IP Game: Patent Licensing Co. Accuses Basketball Association of Infringing SMS Patents
Posted on 19 Jan 2012 by Travis Burchart

If all the lemmings jumped off a cliff, would you follow? Some might, but not the NBA. Helferich Patent Licensing, LLC (HPL) has acquired licenses from some very powerful companies, including but not limited to: Anheuser Busch; Amazon;... Read More

The Fog of Patent War: Patent Trolls - Fact or Fantasy?
Posted on 9 Jul 2012 by Travis Burchart

[ Originally posted 07/27/2011 ] In eBay Inc. v. MercExchange , L.L.C., 547 U.S. 388, 396 (U.S. 2006) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], Justice Kennedy, in his concurrence... Read More

Patents vs. 18th Century Satire: Which Will Do More to Protect Copyrights at the University Level?
Posted on 27 Jun 2012 by Travis Burchart

In 1729, Jonathan Swift wrote A Modest Proposal , in which he suggested that the impoverished Irish would benefit from selling their children as food to the rich. As Swift wrote: I have been assured by a very knowing American of my acquaintance in... Read More

1998 Web Diary Patents Asserted against Facebook and AddThis
Posted on 12 Feb 2013 by Travis Burchart

Rembrandt Social Media has sued Facebook and bookmarking service, AddThis, accusing them of infringing patents related to the early creation of a web-based personal diary page. The first patent, filed in 1998 and issued in 2002, claimed a novel... Read More

Tiger’s Golf Problem? Maybe He’s Worried about the Master’s Trademark
Posted on 12 Aug 2011 by Travis Burchart

Use of Golf Course Landmarks Challenged in Court Tiger Woods struggled at the PGA Championship. At this time, it looks like he'll miss the cut, which is a rough day in golf terms. But maybe his misfortune is more understandable in IP terms. Maybe... Read More

Dirty, Naughty, and Four-Letter Words: Where Trademarks End and Scandalous Matter Begins
Posted on 14 Sep 2012 by Travis Burchart

[ Originally published 05/24/2011 ] What if our trademark system mirrored the ratings system of the Motion Picture Association of America ? Imagine an offensive logo followed by the trademark symbol, TM , and a ratings symbol - maybe NC-17 - to... Read More