Written by: Mark Terry Today I came across a nice little Board of Patent Appeals case that outlines an additional tool that can be used to fight 102 anticipation rejections, especially when procuring software patents. Specifically, this case addresses a…
Written by: Mark Terry A lot has been written about the new Patent Office forms that must be filed with new patent applications after Sept. 16, 2012. You could spend a few hours reading about it on Karen Hazzah’s site,…
Written by: Mark Terry In a straightforward decision today, the Board of Patent Appeals and Interferences (BPAI) affirmed an Examiner’s obviousness rejection of a software invention based on a common prosecution mistake – the Appellant arguing limitations that are not…
Written by: Mark Terry In an informative decision today, the Trademark Trial and Appeal Board (TTAB) reversed a Trademark Examining Attorney’s merely descriptive rejection. The In re Fujarek case, which I prosecuted, illustrates how to successfully defend a mere descriptiveness…
Written by: Mark Terry Yesterday’s Board of Patent Appeals and Interferences (BPAI) decision in Ex Parte Zurcher highlighted the problems associated with using functional language in claims, especially when claiming an apparatus. I, a Patent Lawyer in Miami, have written about this before…
Written by: Mark Terry The high-tech world is continuing its 20-way patent infringement war, but it’s not the usual suspects – it’s Yahoo vs. Facebook. Yahoo’s lawsuit claims that Facebook is infringing on Yahoo’s social networking patent (US7599935), which may be the basis…
Written by: Mark Terry Southern District Court Judge K. Michael Moore recently handed down an equitable and somewhat unique decision regarding a timely dispute over the rights to a Spanish-language version of a Coca-Cola theme song that was created for…
Written by: Mark Terry Today, the Board of Patent Appeals and Interferences (BPAI) reversed an Examiner’s rejection based on the “well-known prior art” argument. This Quick Post highlights the obligations that must be met by an Examiner when utilizing this…
Written by: Mark Terry I’m honored to be speaking at ITEXPO today at the Miami Beach Convention Center. ITEXPO is a telecommunications industry conference billed as “The World’s Communications Conference and Expo.” The conference is the largest and longest telecommunications industry trade…
Written by Mark Terry Did we used to shake the film that came out of the Polaroid camera or did we wave it in the air? Everyone had their own technique to make the picture appear faster, I suppose. Regardless,…
