BW INSIGHTS

Go Ahead and Challenge That Patent....Anyone!

Post grant proceedings survive the gavel of the Supreme Court. On April 24, 2018, the Supreme Court issued two decisions upholding the validity of post grant proceedings (“PGPs”). A PGP is a trial proceeding conducted at the Patent Trial and Appeal Board (“PTAB”) to review the patentability of one or more claims in a patent. PGPs allow a third... Read More

Beware of the Copyright Troll!!!

For the last five years many people have received letters alleging they infringed another party’s copyrights. The story for these people is almost always the same. They found an image they liked on the internet, noticed it wasn’t marked with a copyright notice, assumed it was free to use, and copied the image. What they didn’t know is that almost... Read More

Tight Limits on Where Patent Lawsuits May Be Filed

On May 22, 2017, the United States Supreme Court unanimously, and drastically, limited the rules for where patent infringement lawsuits may be filed. In TC Heartland, LLC v. Kraft Foods Group Brands, LLC, the Supreme Court held that the patent venue statute, 28 U.S.C. §1400(b), allows a patent infringement lawsuit to be brought only in the... Read More

Every Business Needs to Actively Manage Its Intellectual Property

You and your neighbor have been tinkering in your garage for weeks and you are ecstatic that you have finally developed a new product…a hair dryer. You know you want to develop a business around your hair dryer idea, but what is the next step? One of the first steps to consider is protecting your business’ intellectual property. You may be... Read More

Is My Software Patentable?

Is my software patentable? Maybe!!! Does it solve a problem rooted in computer technology? Does it improve the performance or functioning of a computer? Does it solve a technological problem by applying well understood operations in non-conventional and/or in non-generic ways? If the answer to any of these questions is yes, then it is possible... Read More