USPTO Releases 2019 Revised Patent Subject Matter Eligibility Guidance
January 9, 2019
Last week the United States Patent and Trademark Office (USPTO) released revised guidance on patent subject matter eligibility (35 U.S.C. § 101).…
Patent Trial and Appeal Board Chief Judge David Ruschke Has Accepted a New Position
October 11, 2018
The Patent Trial and Appeal Board Chief Judge David Ruschke Has Accepted a New Position Andrei Iancu[1], Director of the United States Patent and…
Honey Badger Creator Does Care…About His Trademarks
October 2, 2018
“Ew! What’s that in its mouth? Oh, it’s got a cobra? Oh, it runs backwards? Now watch this. Look, a snake’s up in the tree. Honey Badger don’t care.…
Supreme Court to Hear Circuit Split on Registration Requirement for Instituting Copyright Lawsuit
September 26, 2018
While copyright lawsuits are common, some feel the steps needed to bring a copyright infringement lawsuit could use a little more clarification. The…
Copyright Dispute over Marilyn Monroe’s “Last Sitting” Goes to Trial
September 24, 2018
Marilyn Monroe was one of the most iconic figures in the 1950s. She was a model, actress, singer, and has been photographed by famous photographers…
OxyContin Manufacturer Granted Patent for Addiction Treatment
September 20, 2018
Purdue Pharma, manufacturer of the addictive opioid OxyContin®, was recently granted a patent for a treatment option to those who are addicted to…
Happy Constitution Day and Citizenship Day!
September 17, 2018
Constitution Day, September 17th. This day commemorates the signing of one of the most important and influential documents in American history, the…
NCAA Football, the College Football Playoff, and…Patents?
September 13, 2018
The debate had been played out by hundreds of people, across thousands of bars and homes, a million times over: should the college football…
A Brief History of Beer and Patents
August 27, 2018
by Jon S. Horneber - Patent Attorney
The brewing of beer has been recorded for over 7,000 years. Originally a by-product of an agrarian culture, the brewing of beer evolved into a…
Federal Circuit Ruling in Zeroclick, LLC v. Apple Inc.
August 24, 2018
The United States Court of Appeals for the Federal Circuit (CAFC) issued a decision in a patent infringement suit against Apple (Zeroclick, LLC v.…
Supreme Court to Hear On-Sale Bar Case
August 13, 2018
The Supreme Court of the United States granted a petition for writ of certiorari in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc. This…
Sturgis Motorcycle Rally and Trademarks
August 3, 2018
Sturgis, South Dakota is home to the world’s largest motorcycle rally. Sturgis® Motorcycle Rally started in 1938 with only nine participants and it…
Patents, The Hatch-Waxman Act, and Pharmaceutical Companies
July 30, 2018
The Drug Price Competition and Patent Term Restoration Act, known as the Hatch-Waxman Act, was enacted to balance incentives for both…
New Technology Tells Uber if You’re Drunk
June 29, 2018
Uber has changed the way people get to and from places, especially those that may have had one cocktail too many. In March of 2018, it was reported…
South Dakota Innovation
June 25, 2018
Although many associate outdoor wonders such as Mount Rushmore, the Blackhills, and the Badlands with South Dakota, the state also has a rich history…
Play-Doh is Granted Trademark on Signature Scent
June 21, 2018
There are not too many people in the world that don’t have some sort of memory of playing with PLAY-DOH® when they were a child. Tearing the lid off…
The 10 Millionth Patent Issued
June 19, 2018
The 10 millionth patent has issued! In addition to this milestone, this patent will also be the first issued patent with the newly released patent…
The CAFC Finds the Term “Substantially Filled” is Not Indefinite in Tinnus v. Telebrands
June 18, 2018
On May 30, 2018, the United States Court of Appeals for the Federal Circuit (CAFC) entered a decision in Tinnus Enterprises v. Telebrands Corporation…
Nike Sues Puma for Patent Infringement
June 12, 2018
Nike, the Oregon based sportswear company, is the largest sportswear manufacturer in the world. Nike was founded on January 25, 1964, as Blue Ribbon…
Issuance of the 10 Millionth Patent Nears
June 4, 2018
It has been over 225 years since the first patent was issued. Samuel Hopkins was granted the first patent in the United States on July 31, 1790, for…