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Articles by Dustin Ferzacca
How AI and Smart Grid Patents Are Exposing Risks and Opportunities in the Solar Power Sector
Mergers and Acquisitions in Entertainment, Publishing, and Gaming
Navigating IP Risks in Emerging Clean Energy Technologies | JD Supra
I. Introduction The evolution of grid management strategies to accommodate the increased adoption of renewable energy sources has led to a significant rise in both patent filings and patent disputes. An increased proportion of a grid's power originating from variable energy sources, e.g., wind and solar, whose generation capacity fluctuates with weather, can pose challenges to grid stability and reliability.
'Obvious Over What?' LKQ's En Banc Petition Threatens to Turn Test for Design Patent Obviousness on its Head | JD Supra
[co-author: Brittany Reeves] This article was originally published on May 16, 2023 in IPWatchdog. It is republished here with permission. Just like utility patents, design patents can be found obvious under 35 U.S.C. § 103 by combining prior art references. But the test for obviousness for design patents differs from the more familiar standards for utility patents. The U.S. Court of Appeals for the Federal Circuit recently reaffirmed this distinction, but the issue is far from resolved.
Michel Puts Hope in ‘Imminent’ Patent Bills Following SCOTUS Eligibility Denials
“I think when the bills are introduced and get cosponsored by numerous people of both parties, and then they start holding hearings, that will create a huge amount of momentum, and when the courts see the momentum, they will start acting on their own – particularly the Federal Circuit.” – Judge Paul Michel On day one of IPWatchdog’s Patent Litigation Masters program yesterday, the U.S. Supreme Court denied two patent eligibility cases that the U.S. Solicitor General had recommended granting.
Patent Office Implements Changes to Requirements for Admissions Criteria for Patent Bar
“This is part of our effort across the Agency to deploy and keep up with the fast pace of technological change and to lower barriers to our innovation ecosystem.” – Kathi Vidal, USPTO The U.S. Patent and Trademark Office (USPTO) published a Federal Register Notice today implementing the suggestions it received on expanding the patent bar following its October 18, 2022, request for public input on the topic.
'Obvious Over What?' LKQ’s En Banc Petition Threatens to Turn Test for Design Patent Obviousness on its Head
“After the per curium panel opinion in LKQ, obviousness for design patents continues with business as usual. But change may be on the horizon.” Just like utility patents, design patents can be found obvious under 35 U.S.C. § 103 by combining prior art references. But the test for obviousness for design patents differs from the more familiar standards for utility patents. The U.S. Court of Appeals for the Federal Circuit recently reaffirmed this distinction, but the issue is far from resolved.
Energy Demand Response Programs and Patent Exposure | JD Supra
The core business model of energy producers and providers does not traditionally create significant patent litigation risk. Despite the complexity of the modern energy grid, the basic business and technology of energy generation has not changed significantly in the past 100 years. However, new programs, including residential demand response, executed via smart home appliances and controls, may expose utility companies to increased liability.
Energy Demand Response Programs and Patent Exposure
The core business model of energy producers and providers does not traditionally create significant patent litigation risk. Despite the complexity of the modern energy grid, the basic business and technology of energy generation has not changed significantly in the past 100 years. However, new programs, including residential demand response, executed via smart home appliances and controls, may expose utility companies to increased liability.
Federal Circuit Signals Appetite for Increased PTAB Discretion in Motions to Amend | JD Supra
Patent owners facing inter partes review (IPR) challenges have the option of filing a motion to amend as a contingency plan. This motion, accompanied by proposed substitute claims, allows the patent owner a fallback position if the Patent Trial and Appeal Board (PTAB) finds the original claims unpatentable. If successful, despite the unpatentability of the original claims, the patent owner maintains the substitute claims.
Federal Circuit Signals Appetite for Increased PTAB Discretion in Motions to Amend
“The recent decision in Hunting Titan, Inc. presents the somewhat rare case in which an amendment was granted by the PTAB and affirmed on appeal. That said, the Federal Circuit’s narrow holding does not indicate an easier future for patent owners’ motions to amend; indeed, the opposite may be true.” Patent owners facing inter partes review (IPR) challenges have the option of filing a motion to amend as a contingency plan.
The Power of Process Patents at the International Trade Commission | JD Supra
The U.S. International Trade Commission (ITC) has a long reach over proprietary processes performed in foreign countries. Owners of patents covering, for example, methods for making a chemical material used to make other end products, may find that U.S. district courts are not entirely suitable venues for enforcing those patented rights against competitors that manufacture products entirely outside the United States.
CAFC Delivers Guidance on Presumption of Obviousness, Negative Claim Limitations in Win for Generic Drugmaker
“It was reasonable for the Board to find that…a skilled artisan would recognize that the reference discloses a complete formulation—excluding the possibility of an additional active ingredient.” – CAFC The U.S. Court of Appeals for the Federal Circuit (CAFC) ruled on Monday that the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) correctly held certain claims of Almirall, LLC’s U.S. Patent 9,517,219 for an acne treatment invalid as obvious.
Federal Circuit Further Defines Scope of Patent Venue
“The CAFC’s recent ruling in In Re: Volkswagen further contributes to the rapidly-evolving patent venue landscape in the aftermath of the Supreme Court’s TC Heartland decision.” Recently, in In Re: Volkswagen Group of America, Inc., the United States Court of Appeals for the Federal Circuit (CAFC) further defined the level of control a defendant must exercise over an in-district agent to establish patent venue – i.e., where a case can be filed.
Restaurants Take Aim at Google, Alleging Deceptive Online Ordering Scheme
“Beginning in 2019, when a consumer searched for a particular restaurant using Google’s search engine and/or mapping interface, Google began intentionally misdirecting the consumer away from the restaurant’s own website, physical address, and phone number, and into one of two different websites owned and controlled by Google.” – Complaint The operators of a number of Lime Fresh Mexican Grill franchises have filed a lawsuit in the Northern District of California on behalf of a nationwide class...
Energy Demand Response Programs and Patent Exposure
“Recently, demand response opportunities for residential customers have been expanding. Where these programs allow energy providers to directly control, through the internet, consumers’ smart thermostats and appliances, energy providers may be exposed to patent liability.” The core business model of energy producers and providers does not traditionally create significant patent litigation risk.
How the Pandemic Is Shaping Patent Trials in District Courts | JD Supra
This article explores the effect of the pandemic on patent trials. Early in the COVID-19 pandemic, rapidly shifting conditions, state and federal guidance, and many unknowns forced federal district courts to adapt their procedures. Courts faced the task of balancing the safety all involved in the case, including court staff, witnesses and lawyers, with concerns over fairness and access to justice.
How The Pandemic Is Shaping Patent Trials In District Courts
By Dabney Carr, Dustin Ferzacca and Andrew Tseng Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.
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