Amol Parikh
It’s All in the Grammar: “A” Still Means “One or More,” but Single Component Must Perform All Claimed Functions
By Amol Parikh on Apr 13, 2023
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a jury’s noninfringement verdict, finding that the district court correctly interpreted the article “a” and antecedent “said” in the asserted claims to require that a single microprocessor be capable of performing every one of the recited microprocessor functions. Salazar v. AT&T Mobility LLC et al.,...
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UK High Court Issues Landmark Global FRAND Rate Decision
By Amol Parikh on Apr 6, 2023
Posted In EU Update, Patents
The UK High Court of Justice issued its long-anticipated decision establishing a global Fair, Reasonable and Non-Discriminatory (FRAND) royalty rate for a patent portfolio essential to 3G, 4G and 5G cellular technologies. InterDigital Tech. Corp. et al. v. Lenovo Group Limited, Case No. HP-2019-000032, [2023] EWHC 529 (Pat) (Mar. 16, 2023) (Mellor, J.) InterDigital owns...
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PTO Reduces Small and Micro-Entity Fees
By Amol Parikh on Mar 30, 2023
Posted In Patents
The US Patent & Trademark Office (PTO) issued a final rule reducing certain patent fees for small and micro-entities on March 22, 2023. The Federal Register notice can be found here. Small entity filing fee discounts are increased to 60% (from 50%) and micro-entity filing fee discounts are increased to 80% (from 75%). The fee...
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PTO Adds Green Energy Category to Patents for Humanity Program
By Amol Parikh on Mar 16, 2023
Posted In Patents
On March 6, 2023, the US Patent & Trademark Office (PTO) introduced a new green energy category to its Patents for Humanity Program. This new award category provides business incentives for patent applicants, holders and licensees whose inventions address the challenges of climate change through green energy innovations, including wind, solar, hydrogen, hydropower, geothermal and...
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Charter Schools Aren’t Immune from Trademark Suits
By Amol Parikh on Mar 16, 2023
Posted In Trademarks
The US Court of Appeals for the Fifth Circuit affirmed a district court’s dismissal of a trademark suit against a charter school operator and public school district in Texas but explained that the charter school was not automatically immune from lawsuits based on sovereign immunity. Springboards to Education, Inc. v. McAllen Indep. School District, Case...
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Little Weight Given to Conclusory Expert Declaration That Repeats IPR Petition Verbatim
By Amol Parikh on Mar 2, 2023
Posted In Patents
The US Patent & Trademark Office Director affirmed and designated as precedential a Patent Trial & Appeal Board (Board) decision denying institution of an inter partes review (IPR) petition where the expert declaration presented conclusory assertions without underlying factual support and repeated verbatim the petitioner’s argument. Xerox Corp. v. Bytemark, Inc., IPR2022-00624 (PTAB Aug. 24,...
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PTO Introduces Trademark Decisions and Proceedings Search Tool
By Amol Parikh on Mar 2, 2023
Posted In Trademarks
On February 17, 2023, the US Patent & Trademark Office (PTO) announced the launch of the new Trademark Decisions and Proceedings Search Tool. This tool allows users to filter and search expungement and reexamination proceedings, administrative orders and sanctions, and precedential director decisions. Under the Expungement and Reexamination Proceedings tab, users can find all petitions filed...
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PTO Seeks Comments on Role of Artificial Intelligence in Inventorship
By Amol Parikh on Mar 2, 2023
Posted In Patents
The US Patent & Trademark Office (PTO) published a Request for Comments Regarding Artificial Intelligence and Inventorship seeking input from stakeholders on inventorship issues that may arise as artificial intelligence (AI) and emerging technologies play a greater role in the innovation process. The deadline to submit comments is May 15, 2023. As background, the PTO...
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PTO to Begin Issuing Electronic Patent Grants
By Amol Parikh on Mar 2, 2023
Posted In Patents
On February 28, 2023, the US Patent & Trademark Office (PTO) issued a final rule announcing it would begin issuing electronic patent grants (eGrants) starting April 18, 2023. These eGrants are the official copies of patent grants in an electronic format. During a limited transition period, the PTO will also provide a bound paper version...
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No First Place Trophy Here: Public Demo at Trade Show Found Invalidating
By Amol Parikh on Feb 23, 2023
Posted In America Invents Act, Patents
Addressing the public use bar of pre-America-Invents-Act (AIA) 35 U.S.C. § 102(b), the US Court of Appeals for the Federal Circuit affirmed a district court’s decision to invalidate a patent because the patent owner’s disclosure of a prior art device at a trade show more than one year before the patent’s priority date was an...
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