Recent Patent Articles
Orange County Patent Statistics for 2018: Midyear Report on Top Innovators
Orange County is a hotbed of innovation, especially considering its size. For 2017, Orange County companies were granted 1,619 patents, whereas Los Angeles companies were granted 1,731 patents. Considering the relative populations of Orange County … [Read More...]
Patent application must enable FULL scope of claimed invention
Boston University's patent claim invalidated for failing to enable its full scope In Boston University v. Everlight Electronics (Fed. Cir. 2018), the Federal Circuit invalidated a patent claim for failing to enable the full scope of the claimed … [Read More...]
Components described as important can narrow scope of patent claims
Components, parts and aspects of a device (i.e., invention) which are described as important or necessary to the invention can be used to limit the scope of the patent. When preparing a patent application, the goal is to describe an invention so … [Read More...]
Does a restriction requirement disclaim non-elected species?
Below, Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., LTD (Fed. Cir. August 1, 2018) is discussed in terms of whether the scope of design patent protection is affected when electing a species in response to a restriction requirement. … [Read More...]
When are damage calculations based on EMV rule?
Apportionment versus Entire Market Value Rule Damage calculations for patent infringement are based on an apportioned value of the patented feature to the overall accused product. Damages can be based on the entire market value which would increase … [Read More...]
Experimental use of invention jeopardizes validity of patent
By experimental use, I mean testing an invention. Conducting a test in public can jeopardize the resulting patent if a patent application was not filed before public testing started. The patent can be invalidated in at least two ways. First, the … [Read More...]
Top Innovators in Orange County, According to USPTO 2017 Filing Data
Why innovation matters to Orange County? Innovation matters to the local economy where innovation occurs. Innovation brings jobs and revenue to the local economy. We can see that innovation has helped develop new products that otherwise would not … [Read More...]
Berkheimer and its ramifications on the future of software patents
The Berkheimer holding has the potential to swing the pendulum favorably back for software patents. In particular, the patent allowance rates for software inventions could rise significantly from the low levels they are at now. The Berkheimer … [Read More...]