Blog Posts

Smartphones, Diapers, and Design Patents

Apple v. Samsung is obviously about high tech smartphones.  Other recent design patent cases have focused on high tech products as well—both the Nikola v. Tesla case Patent Progress covered recently and the Microsoft v. Corel case that Prof. Sarah Burstein described over on Patently-O deal with high tech products. But the basic issue with…

Did You Buy Your Car Just Because Of The Cup Holder?

Opening arguments in Apple v. Samsung started this morning.  While round six of the long-running case deals with smartphone patents, the potential impacts range much further.  As I noted in my post yesterday, a rule of design patent damages that allows patentees to receive the total profits on the entire product even though the design…

Apple v. Samsung, Round Six

A district court trial.  A retrial, after part of the verdict was vacated.  An appeal to the Federal Circuit.  A Supreme Court opinion with a remand to the Federal Circuit.  A remand from the Federal Circuit back to the district court.  Seven years after Apple originally filed suit against Samsung, we’re right back in Judge…

PTAB Will Continue To Double-Check Its Work—All Of It

Today, the Supreme Court issued two opinions in cases focused on the inter partes review (IPR) procedure.  First, in Oil States v. Greene’s Energy Group, the Court upheld the constitutionality of IPR by a 7-2 vote.  Second, in a more narrowly divided 5-4 decision in SAS v. Matal, the Court decided that the PTAB’s practice…

Iancu’s First Hearing Answers Questions, Leaves More Open

On Wednesday, April 18, new USPTO Director Andrei Iancu appeared for his first oversight hearing in front of the Senate Judiciary Committee.  The Director was more open with the Committee compared to his confirmation process, leading to some interesting discussions. Algorithms Are Already Patentable A number of questions focused on the issue of patentable subject…

The Patent Examination Process Shouldn’t Be An Oversight

Director Iancu will be appearing for his first oversight hearing tomorrow, Wednesday, April 18.  This follows on his recent speech at the Chamber of Commerce, at which he emphasized two areas of focus: Patent rights should be more predictable and the system should be more stable. When discussing the patent system, dialogue should be more…