Moderna faces new lawsuit over lucrative coronavirus vaccine; The Washington Post, February 28, 2022

Yasmeen Abutaleb and Christopher Rowland, The Washington Post; Moderna faces new lawsuit over lucrative coronavirus vaccine

"Moderna faces yet another patent challenge over its coronavirus vaccine after Arbutus Biopharma and Genevant Sciences, both small biotechnology companies, filed a lawsuit on Monday alleging Moderna hijacked its technology to develop the multibillion-dollar vaccine."

Pizza dough trade secrets case pits Schwan's against Conagra; AgWeek, December 8, 2021

Jeff Beach, Ag Week; Pizza dough trade secrets case pits Schwan's against Conagra

"Court documents state that “Schwan’s alleges that from the time Cai accepted the job at Conagra until he was escorted from Schwan’s property, he accessed files containing Schwan’s confidential and proprietary information and trade secrets on several projects related to grain, pizza crust, and encapsulated sugar, among other projects.” 

Schwan’s also says Cai took devices and notebooks with research information. 

Nine days after Schwan’s fired him, Cai filed two United States patent applications: “Method of Making Frozen Dough and Products Made Using the Method” and “Microwaveable Frozen Breads and Method of Making the Same.” He also filed for a patent in China on the first patent.

Beginning from his hiring in 2003, Cai had signed agreements saying his Schwan’s work would be confidential and could not use that information to help another company or use it to get another job. It also specified that any patents from his work at Schwan’s would belong to the company."

Top Intellectual Property Issues to Watch in 2022; Bloomberg Law, December 3, 2021

Dorothy R. Auth, Howard Wizenfeld, David (Dash) Cole , Bloomberg Law; Top Intellectual Property Issues to Watch in 2022

"Evolving U.S. intellectual property law continues to impact many industries, including the technology and pharmaceutical sectors, with 2022 promising to be no different.

The U.S. Supreme Court will have a significant role to play in the coming year. On the patent front, it will decide whether to review the U.S. Court of Appeals for the Federal Circuit’s decision in American Axle, a case which could potentially expand patent- ineligible subject matter to include certain conventional methods of using mechanical devices

A second case, now seeking Supreme Court review, Amgen v. Sanofi could have implications in the biotech and pharma space with regard to the ability to protect chemical genuses.

Copyright law is also evolving, with U.S. appellate courts trying to apply the Supreme Court’s Google v. Oracle decision addressing fair use in more traditional copyright settings."

The Path to a Patent, Part VI: Learn how to protect your IP abroad; United States Patent and Trademark Office Webinar: Thursday, December 2, 2021 2 PM EST; 1 PM CST; 12 PM MST; 11 AM PST

United States Patent and Trademark Office Webinar; The Path to a Patent, Part VI: Learn how to protect your IP abroad

​

"Did you know that patents offer territorial rights, meaning that there is no such thing as an international or global patent? Learn how to help protect your intellectual property (IP) in foreign jurisdictions. United States Patent and Trademark Office's (USPTO) International Patent Legal Administration experts will discuss considerations and options for filing foreign patent applications.

Register now for this free virtual event.

You may receive one hour of California Mandatory Continuing Legal Education (MCLE) credit for attending this seminar. Please check with your USPTO regional office for more information on Continuing Legal Education (CLE) accreditation. The discussion will include an overview of the Patent Cooperation Treaty (PCT) and the use of the Paris Convention for non-PCT countries.

Contact information for participating offices and local start times for this event are as follows:

• Silicon Valley Regional Office: email SiliconValley@uspto.govor call 408-918-9900.  
  Start time: 11 a.m. PT
• Rocky Mountain Regional Office: email RockyMountain@uspto.gov or call 303-297-4600. 
  Start time: noon MT
• Texas Regional Office: email TXROevents@uspto.gov or call 469-295-9000.
  Start time: 1 p.m. CT
• Midwest Regional Office: email MidwestRegion@uspto.gov or call 313-446-4800. 
  Start time: 2 p.m. ET
• Eastern Regional Outreach Office: email EasternRegionalOutreachOffice@uspto.gov or call 571-272-7100. 
  Start time: 2 p.m. ET

Register today

This event is accessible to individuals with disabilities. To request a reasonable accommodation, including captioning, sign language interpreting, or other, please email SiliconValley@uspto.gov or call 408-918-9900."

Online auction to sell Hemingway and Kerouac typewriters, Samuel Colt gun patents; Hartford Courant, February 17, 2020

Kathleen McWilliams, Hartford Courant; Online auction to sell Hemingway and Kerouac typewriters, Samuel Colt gun patents

"Three 1830s patent documents for Hartford native Samuel Colt’s revolving cylinder guns are another notable item that will be auctioned off. The patents are valued between $40,000 and $50,000.

Bids will start at $13,000 for the patents for Colt’s Paterson Revolver No. 5 The guns achieved legendary status in the American West because they did not require their users to reload them after one shot."

CalTech wins $1.1 billion jury verdict in patent case against Apple, Broadcom; Reuters, January 29, 2020

Jan Wolfe, Stephen Nellis, Reuters; CalTech wins $1.1 billion jury verdict in patent case against Apple, Broadcom

"The California Institute of Technology said on Wednesday that it won a $1.1 billion jury verdict in a patent case against Apple (AAPL.O) and Broadcom (AVGO.O). 

In a case filed in federal court in Los Angeles in 2016, the Pasadena, California-based research university alleged that Broadcom wi-fi chips used in hundreds of millions of Apple iPhones infringed patents relating to data transmission technology."

Chinese scientists ask for patent on US drug to fight virus; Associated Press, February 6, 2020

Joe McDonald and Linda A. Johnson, Associated Press; Chinese scientists ask for patent on US drug to fight virus

"China has the right under World Trade Organization rules to declare an emergency and compel a company to license a patent to protect the public. It would be required to pay a license fee that is deemed fair market value. 

The government might be able to avoid that fee if the patent were granted to the Wuhan institute, part of the elite Chinese Academy of Sciences. 

The institute said it applied for a “use patent” that specifies the Wuhan virus as the drug’s target. Gilead’s patent application, filed before the virus was identified, cites only the overall family of coronaviruses."

Defying the doubters; United States Patent and Trademark Office (USPTO), 2019

United States Patent and Trademark Office (USPTO);

Defying the doubters

"Inspired by his father and his eighth-grade science teacher, Bob Metcalfe developed an early interest in science and engineering. While pursuing these passions as an adult, he decided to minimize the number of wires needed to connect office computers to printers and the internet. In a 1973 memo, Metcalfe proposed his idea of the Ethernet as a solution. What followed was a long but successful journey to develop, patent, and commercialize this wire, which is used today all over the world.

"Inspired by his father and his eighth-grade science teacher, Bob Metcalfe developed an early interest in science and engineering. While pursuing these passions as an adult, he decided to minimize the number of wires needed to connect office computers to printers and the internet. In a 1973 memo, Metcalfe proposed his idea of the Ethernet as a solution. What followed was a long but successful journey to develop, patent, and commercialize this wire, which is used today all over the world."

His customers wanted a new sound for their electric guitars, so he patented one; The Pittsburgh Post-Gazette, October 15, 2018

Nora Shelly, The Pittsburgh Post-Gazette; His customers wanted a new sound for their electric guitars, so he patented one

"After a few weeks of tweaking the algorithm to get rid of the sharp clicking noise typical of any audio disruption — the sort of noise that sounds like a firecracker has gone off next to your ear drum — the two had a pretty unique invention.

Unique enough that it got approved by the U.S. Patent Office in notably quick fashion: 11 months, start to finish.  

George Mason University’s law school found that, on average, the waiting time for a U.S. patent is a little over three years, according to 2015 research."

Drugmakers play the patent game to ward off competitors; Kaiser Health News via NBC News, October 2, 2018

Sarah Jane Tribble, Kaiser Health News via NBC News; Drugmakers play the patent game to ward off competitors

"Yet the patenting of a small change in how an existing drug is made or taken by patients is part of a tried-and-true pharmaceutical industry strategy of enveloping products with a series of protective patents.

Drug companies typically have less than 10 years of exclusive rights once a drug hits the marketplace. They can extend their monopolies by layering in secondary patents, using tactics critics call “evergreening” or “product hopping.”

Lisa Larrimore Ouellette, a patent law expert at Stanford University, said the pharmaceutical industry gets a greater financial return from its patent strategy than any other industry does."

Inventors Corner: Here's why you should search for patent; Sioux Fall Business Journal, September 19, 2018

Jeffrey Proehl, Sioux Fall Business Journal; Inventors Corner: Here's why you should search for patent

"Jeffrey Proehl is a registered patent attorney with Woods, Fuller, Shultz & Smith P.C. in Sioux Falls. 

The searching of patents and published patent application publications may be performed for a number of purposes, but there are two primary types of searches that are requested by inventors and businesses for their developments."

This New Hotel Room Is So Groundbreaking That They Patented It; Forbes, August 26, 2018

Christopher Elliott, Forbes; This New Hotel Room Is So Groundbreaking That They Patented It

"Can a hotel room be so groundbreaking that it deserves a patent? If it's the WorkLife Room, billed as the “guestroom of the future,” the answer apparently is yes.

The United States Patent and Trademark Office (USPTO) just approved InterContinental Hotels Group (IHG)'s application for its new WorkLife Room at its Crowne Plaza Hotels & Resorts brand."

Before You Begin The Patenting Process, Read This; Forbes, July 31, 2018

Stephen Key, Forbes; Before You Begin The Patenting Process, Read This

"When I started to file patent applications, I was sure the United States Patent and Trademark Office was against me. My claims were always rejected! I know better now. The USPTO is your friend, not a foe. There is a specific process for examining patent applications. If you’re unaware of how that process works and how to win, you may feel surprised, upset, and indignant upon learning the claims in your patent have been rejected.

Don’t be. It’s all part of the process. To the extent that you can, leave your emotions out of it. Education can help you do that. You must familiarize yourself with what to expect, and act in kind. Don’t let yourself be motivated by fear...

6 Tips To Get The Most Out Of The Patenting Process..."

IBM wants $167M from Groupon over alleged patent infringement; CNet, July 17, 2018

Marrian Zhou, CNet; IBM wants $167M from Groupon over alleged patent infringement

"IBM asked a jury on Monday to award the company $167 million in a lawsuit against deals site Groupon for using patented technology without authorization, according to Reuters.

IBM's lawyer reportedly said in federal court in Delaware that Groupon infringed patents involving e-commerce technology that had already been licensed to Amazon, Facebook and Google for between $20 million and $50 million per company.

"Most big companies have taken licenses to these patents," said IBM lawyer John Desmarais, according to Reuters. "Groupon has not. The new kid on the block refuses to take responsibility for using these inventions."

Groupon's lawyer reportedly argued that IBM exceeded the coverage of its patents and claimed ownership of fundamentals of the internet."

Is ‘Balanced Intellectual Property’ Code For ‘Anti-Intellectual Property’?; Above The Law, June 28, 2018

Krista L. Cox, Above The Law;

Is ‘Balanced Intellectual Property’ Code For ‘Anti-Intellectual Property’?

 

"The copyright and patent system in the United States acknowledges both the need to incentivize innovation as well as the need for public access. It is a utilitarian view that promotes further creation. Advocating for a system that incentivizes the creator or inventor while simultaneously protecting the interest of the public isn’t an anti-intellectual property stance, it’s one that encourages more creative works and innovations."

Equity pending: Why so few women receive patents; The Christian Science Monitor, July 2, 2018

E'oin O'Carroll, The Christian Science Monitor; Equity pending: Why so few women receive patents

"The causes for the gender gap are varied and complex, but much of it can be explained by women’s underrepresentation in patent-intensive jobs, particularly engineering. Research shows women make up roughly 20 percent of graduates from engineering schools, but hold less than 15 percent of engineering jobs. Female engineering grads are not entering the field at the same rate as their male counterparts, and they are leaving in far greater numbers.

“It’s the climate,” says Nadya Fouad, a professor of educational psychology at the University of Wisconsin-Milwaukee. “The organizational environment is very unforgiving.”

Professor Fouad, who spent three years surveying women with engineering degrees about their career choices, cites inflexible schedules, a lack of opportunities for advancement, and incivility toward women. “It’s not the women’s fault,” she says, noting that she found no difference in levels of confidence in those who stayed and those who left.

Other barriers women face are an absence of supportive social networks and implicit bias on the part of venture capitalists."

Apple, Samsung Declare Peace in Biggest Modern Tech Patent Fight; Bloomberg, June 27, 2018

Susan Decker, Mark Gurman, Joel Rosenblatt, Bloomberg; Apple, Samsung Declare Peace in Biggest Modern Tech Patent Fight

 

"The biggest patent battle of the modern technology world has finally come to an end after seven years.

 

Apple Inc. and Samsung Electronics Co. told a judge Wednesday they’d resolved the first filed but last remaining of the legal disputes that once spanned four continents. The string of lawsuits started in 2011 after Steve Jobs, Apple’s co-founder who died that year, threatened to go “thermonuclear” on rivals that used the Android operating system. The companies didn’t disclose the terms of the accord.

 

While the overall Smartphone Wars included every major maker of mobile devices, the fight between Apple and Samsung was the most intense. Apple accused Samsung of “slavishly” copying the iPhone design, while a Samsung lawyer once called Apple a “jihadist.” The ensuing litigation cost each company hundreds of millions of dollars in legal fees, and tested their reputations as innovators."

Want to patent your invention? Here's what you need to know.; Marketplace, February 2, 2018

[Podcast and Article] Peter Balonon-Rosen and Lizzie O'Leary, Marketplace; Want to patent your invention? Here's what you need to know.

[Kip Currier: Informative brief podcast, spotlighting a patent librarian's work at New York Public Library and the costs and time involved with submitting a patent application.]

"The U.S. Patent and Trademark Office is getting more patent applications than ever before — six times as many as it did in 1980. But does that mean that America is more creative and innovative than ever before? Well, not necessarily. Here's what you need to know..."

10 Million Patents; Patents Through History, U.S. Patent and Trademark office (USPTO), 2018

Patents Through History, U.S. Patent and Trademark office (USPTO); 10 Million Patents

"The United States Patent and Trademark Office (USPTO) will issue the 10 millionth utility patent in summer 2018. This milestone of human ingenuity perhaps exceeds even the Founding Fathers’ expectations when they called for a patent system in the Constitution to “promote the Progress of Science and useful Arts.” Follow the timeline below for important moments, notable inventors, changing patent designs, and other interesting facts over more than two centuries of innovation in America."

Supreme Court Upholds Procedure That’s Said to Combat ‘Patent Trolls’; The New York Times, April 24, 2018

Adam Liptak, The New York Times; Supreme Court Upholds Procedure That’s Said to Combat ‘Patent Trolls’

"The Supreme Court on Tuesday upheld the constitutionality of a procedure that makes it easier to challenge questionable patents.

The procedure, created by Congress in 2011, resembles a trial in federal court, but is conducted by an executive-branch agency. Supporters say it helps combat “patent trolls,” or companies that obtain patents not to use them but to demand royalties and sue for damages.

Opponents say the procedure violates the Constitution by usurping the role of the federal courts, violating the separation of powers and denying patent holders the right to a jury trial.

By a 7-to-2 vote, the Supreme Court ruled that the procedure was a permissible way for the agency that administers patents to fix its mistakes."