#patents Archives - Malloy & Malloy, P.L.

Celebrate your Thanksgiving with Intellectual Property

by Kaustubh Nadkarni | Nov 26, 2014

Thanksgiving traditions are deeply rooted in American culture. Ever since Abraham Lincoln first mandated Thanksgiving a national holiday in 1863, Americans have been rejoicing this popular national holiday on every fourth Thursday of November.

Accordingly, the history of Thanksgiving evokes many great memories for many Americans. Family and friends travel long distances to come together and spend quality time in each other’s company. As such, Thanksgiving is about spending time with family, watching football on television, feasting on traditional foods, shopping at malls, partaking in parades, volunteering at food drives, and taking naps.

Given this, many products and services contribute in helping American families come together to cherish these special moments, and invariably intellectual property is prevalent everywhere in them.

Sacking the Patent Pilot Program in the Southern District of Florida

by Kaustubh Nadkarni | Sep 10, 2014

In 2011, Congress launched the patent pilot program to streamline patent litigation. Out of all the federal district courts in the United States, fourteen (14) federal district courts were nominated to participate in a 10-year pilot project calculated to augment expertise in patent cases among United States District Court judges. The pilot program was mandated by Pub. L. No. 111-349 effectuated in July, 2011.

To be eligible to participate, courts had to be among the 14 district courts in which the largest number of patent and plant variety protections cases were filed in 2010. Alternatively, it could be one of the district courts that adopted or certified to the Director of the Administrative Office of the United States Courts (AOUSC) with the purpose to espouse local rules for patent and plant variety protection cases.

The Southern District of Florida was one of the fourteen (14) district courts selected. Soon thereafter, the Patent Pilot Program was administratively entered on June 20, 2011 by then-Chief Judge Federico A. Moreno for the United States District Court for the Southern District of Florida.

Podcast Patent Troll wins a $1.3M verdict in Personal Audio Patent Suit

by Kaustubh Nadkarni | Sep 16, 2014

Personal Audio LLC, a patent troll has recently been flourishing in its efforts of collecting huge royalties from podcasters all across the United States. Its patent claims to have invented “episodic content” transmitted over the Internet, including video content. The infamous podcasting patent was infringed by media giant CBS.

Intellectual Property in Your Voting

by Kaustubh Nadkarni | Nov 5, 2014

As mid-term elections embark, millions of Americans will rush to the voting booths to exercise on their Fifteenth Amendment Constitutional Right to vote. During this exciting democratic process, Intellectual Property will be all around them. Historically, there have been ground breaking patents, which have helped shape the American voting process. Some of the notable patents granted by the United States Patent and Trademark Office (“USPTO”) include as follows:

Supreme Court of United States showing Spider-Sense by avoiding “Stare Decisis”?

by Kaustubh Nadkarni | Jan 29, 2015

Stephen Kimble is an inventor of a web-shooting gadget that allows kids to imagine they have super powers like Spiderman. More particularly, Kimble was granted a patent in 1991 by the United States Patent and Trademark Office for an apparatus that shoots foam from the palm of the hand, to give the user an impression that a spider web is formed. As such, the Supreme Court of the United States (“SCOTUS”) has agreed to review an appeal by Kimble in regards to considering overruling a 50-year old precedent that bars the collection of royalties on patents after they expire.

Supreme Court of the United States Grants a New Standard of Review in Patent Claim Construction

by Kaustubh Nadkarni | Feb 3, 2015

The Supreme Court of the United States (“SCOTUS”) has unequivocally addressed the current standard of review for patent claim construction. Accordingly, the Court has held that a Federal Appellate Court can only overturn a District Court’s factual findings, if those findings were determined to be clearly erroneous. As such, this new standard transforms the de novo standard used by the Federal Circuit when reviewing patent claim construction.

USPTO to Discuss Privilege Issues Regarding Communications between Clients and their Patent Advisors

by Kaustubh Nadkarni | Feb 4, 2015

The United States Patent and Trademark Office (“USPTO”) is in quest to deliberate on issues concerning protections from disclosure for communications between patent applicants and their patent advisors. More specifically, the USPTO is commencing a discussion on whether and to what extent the U.S. Courts should recognize privilege for communications between U.S. patent practitioners and their clients in foreign jurisdictions; U.S. applicants and their “non-attorney” U.S. patent agents; and between foreign patent practitioners and their clients.

A New Payment System to Launch for United States Patent & Trademark Office

by Kaustubh Nadkarni | May 1, 2015

The USPTO will shortly launch its new fee payment system called the Financial Manager. The Financial Manager is designed to be a seamless online fee payment management system. Accordingly, under the new system, users will be able to virtually manage, store and review payment methods. Additionally, the system will generate and download transaction reports, assign user permits, and provide notifications for administrative matters.

Patent is the Most Searched Word for the United States

by Kaustubh Nadkarni | May 6, 2015

In a world where people use copious amount of time searching for things online via search engines, curiosity begs to know what are people really searching for when it comes to particular nations. Fixr.com took this curiosity by the horns and investigated deeper. Unsurprisingly, their results revealed that every nation yielded unique results, some as expected and some rather perplexing. For the United States, in particular, the object word “patent” was the most google searched word in 2015 so far.

Federal Reserve Banks May Challenge Patents at the PTAB

by Jared Doster | Jan 28, 2021

Recent caselaw confirms that Federal Reserve Banks may petition the Patent Trial and Appeal Board (PTAB) to review a patent issued by the U.S. Patent and Trademark Office.

In January 2017, twelve Federal Reserve Banks filed two petitions to cancel two patents, owned by Bozeman Financial LLC, related to check verification systems aimed at reducing occurrences of check fraud. The PTAB invalidated both patents.[1]

Last year, Bozeman Financial LLC appealed these rulings to the Federal Circuit and challenged the PTAB’s authority to decide the petitions, arguing that the Federal Reserve Banks are not “persons” under the America Invents Act (AIA).[2]

In April 2020, the Federal Circuit ruled that the Federal Reserve Banks are “persons” who may petition for post-issuance review under the AIA. The Court stated that even though federal agencies are not “persons” able to seek post-issuance review of a patent, the Federal Reserve Banks are not federal agencies.[3]

On January 11, 2021, the U.S. Supreme Court denied Bozeman’s petition to overturn the Federal Circuit’s ruling.[4]

[1] See CBM2017-00035 ( https://developer.uspto.gov/ptab-web/#/search/documents?proceedingNumber=CBM2017-00035); CBM2017-036 ( https://developer.uspto.gov/ptab-web/#/search/documents?proceedingNumber=CBM2017-00036).

[2]See Bozeman Financial LLC v. Federal Reserve Bank of Atlanta, 955 F.3d 971 (Fed. Cir. 2020).

[3]See id. at 975-76.

[4] https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-333.html

« Older Entries

IP Blog

Celebrate your Thanksgiving with Intellectual Property

Sacking the Patent Pilot Program in the Southern District of Florida

Podcast Patent Troll wins a $1.3M verdict in Personal Audio Patent Suit

Intellectual Property in Your Voting

Supreme Court of United States showing Spider-Sense by avoiding “Stare Decisis”?

Supreme Court of the United States Grants a New Standard of Review in Patent Claim Construction

USPTO to Discuss Privilege Issues Regarding Communications between Clients and their Patent Advisors

A New Payment System to Launch for United States Patent & Trademark Office

Patent is the Most Searched Word for the United States

Federal Reserve Banks May Challenge Patents at the PTAB

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