Written by Mark Terry Patents grant you the right to exclude others from making, using, selling or importing a patented product or process. Without a patent, others can typically use your ideas and monetize them without any recourse. Patents can…
Written by Mark Terry I came upon a super interesting Board of Patent Appeals and Interferences (BPAI) decision issued today. I found the Smucker v. Mack-Ray case interesting for both educational and entertainment reasons. The decision involves the effect an infringement action may have…
Written by Mark Terry Today the Court of the Appeals for the Federal Circuit issued a decision that plainly answers the question of who is a person of ordinary skill in the art – Extreme Networks v. Enterasys Networks (Fed. Cir.…
Written by Mark Terry The Patent Transparency and Improvements Act (Bill, S. 1720), seeks to improve transparency and to remedy problems associated with patent trolls and others that file frivolous lawsuits using their patents. Trolls are turning out to be…
Written by Mark Terry Today’s first Board of Patent Appeals and Interferences (BPAI) decision involved an eloquent exposition of the relationship between claim construction and ordinary dictionary meaning. The case of Ex parte Benson involved a 35 U.S.C. 102 rejection of a…
Written by Mark Terry Yes, it can. A product can most definitely infringe a method of manufacture patent. I recently sent a cease a desist letter to a retailer of a luggage product that was manufactured using my client’s patented…
Written by: Mark Terry Alibaba Group Holding Ltd. is preparing its estimated $16 Billion IPO by fortressing itself with patents. Although Alibaba has more than 1,900 issued patents and pending applications in Asia, it has also been aggressively filing patent…
Written by: Mark Terry In light of all of the news about patent reform legislation and the backlash against Non-Practicing Entities (NPE) [you know … patent trolls], did you know that large corporations like Microsoft, Sony, Apple, Intel, and Google…
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…