23 October

Sticky

Chamberlain Petitions Full Federal Circuit to Correct Appellate Overstep on Patent Eligibility

in Blog

As anticipated, the Chamberlain Group, Inc., in a corrected petition for rehearing filed today, asked an en banc panel of the Federal Circuit to reconsider its August 21 precedential decision, which in part reversed a district court’s finding that certain claims of Chamberlain’s patent for a “moveable barrier operator” (for example, a garage door opener) were not abstract under Section 101. The questions Chamberlain is now asking the Court to address are: Where the district court did not reach Alice step two, or address how the jury’s verdict of novelty and non-obviousness affects the factual aspects of step two, may this Court resolve step two in the first...

22 October

0 Comments

Sticky

CAFC Holding in Campbell Soup Design Patent Case Addresses Standard for Establishing Proper Primary References

Posted by COFFYLAW, LLC

in Blog

The Federal Circuit recently held in Campbell Soup Company v. Gamon Plus, Inc. (September 26, 2019) that a prior art reference lacking one of only two features shown in solid line was similar enough to the claimed design to constitute a proper primary reference. Campbell Soup et al. appealed the final written decisions of the PTAB holding that they had not demonstrated that the claimed designs of U.S. Patent Nos USD612646 Gamon and USD621645 Gamon were obvious over the asserted prior art of U.S. Patent No. D405622 (USD405622 Linz) and GB Patent Application No. 2,303,624 (Samways GB2303624A). In their holding, the Board found that neither Linz...

22 October

0 Comments

Sticky

Amici Urge Supreme Court to Grant UMN Petition on Sovereign Immunity for IPRs

Posted by COFFYLAW, LLC

in Blog

On October 15, 12 state universities and state university systems filed an amicus brief in support of the University of Minnesota in its appeal to the U.S. Supreme Court of the June 2019 Federal Circuit (CAFC) ruling in Regents of the University of Minnesota v. LSI Corporation. In that decision, the CAFC said that the University of Minnesota (UMN)—an arm of the state of Minnesota—is not protected by state sovereign immunity from a number of inter partes review (IPR) petitions filed against UMN patents by LSI Corporation (LSI). The court relied heavily on its 2018 decision in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc., 896...

22 October

0 Comments

Sticky

WIPO Report Validates Fears About U.S. Patent Decline

Posted by COFFYLAW, LLC

in Blog

Each year the World Intellectual Property Organization releases a report titled World Intellectual Property Indicators. The latest edition of the report, the 2019 version, is a look back on the filing statistics for 2018. The report is eye-opening and should be mandatory reading for policy makers and legislators in the United States. For the first time since 2009, the United States saw a decline in the number of patent applications filed. This remarkable statistic comes at a time when patent applications are growing in number across the rest of the world. And let’s not forget that 2009 was a time of particular...

21 October

0 Comments

Sticky

This Week in Washington IP: America’s Innovation Leadership, Facebook’s Financial Industry Impact and Personal Data Ownership

Posted by COFFYLAW, LLC

in Blog

This week in tech and innovation hearings in Washington D.C., the House of Representatives explores issues related to emerging cyber threats, Facebook’s cryptocurrency and its impact on the financial sector, space weather research and supporting clean automobile developments. House committees will also hold two field hearings outside of D.C. on improving Internet connectivity in rural communities and community initiatives in smart mobility programs. In the Senate, committee hearings will focus on ownership of personal data, international energy efficiency efforts and the reauthorization of compulsory copyright licenses for satellite broadcasts under STELAR. Elsewhere, Cato Institute will host an event looking at...

21 October

0 Comments

Sticky

Petition Seeks Rare En Banc Review to Clarify Whether PTAB Can Overrule Article III Courts

Posted by COFFYLAW, LLC

in Blog

Chrimar Systems, Inc. filed a petition for en banc rehearing with the Federal Circuit on October 21 asking the full Court to review the so-called Fresenius-Simmons preclusion principle. The petition has a high hurdle to meet, as the underlying Federal Circuit decision was nonprecedential, but the petitioners argue that the case qualifies as a rare exception warranting en banc review. In Chrimar Systems, Inc. v. ALE USA, Inc. FKA Alcatel-Lucent Enterprise USA, Inc., a jury initially found U.S. patent No. 8,942,107 for A Piece of ethernet terminal equipment valid and infringed by ALE in 2016, and the Federal Circuit affirmed that decision in May 2018. The case was remanded on...

13 July

0 Comments

Sticky

Submission to The Senate IP Subcommittee for Entry Into the Record

Posted by COFFYLAW, LLC

in Blog

We believe that the proposed amendment fixes most of the problems battled by the courts, the USPTO and the patent community in general in the past years. However, the proposed amendment does not address two categories of claims that should be patent eligible under 35 USC Section 101, which the courts have deemed patent ineligible. These categories are: (1) the so-called signal claims and (2) software claims. ...

12 July

0 Comments

Sticky

What Is a “Kit” Patent?

Posted by COFFYLAW, LLC

in Blog

New Jersey and New York Patent Attorneys Serving Clients Nationwide If an inventor wants to patent selling two or more items together that are brought together at the time of use (as a “kit”), they will often patent what is known as a “kit” claim. You will frequently see kit claims used in biotechnology industries, for example. However, figuring out whether something should be patented as an individual component or as a kit claim can be complex, and requires the analysis and advice of an experienced patent and intellectual property attorney in order to figure out what will provide you with...

04 July

0 Comments

Sticky

House Subcommittee Discusses Section 101 and Fraudulent Trademarks

Posted by COFFYLAW, LLC

in Blog

The House subcommittee on intellectual property convened a meeting to oversee the U.S. Patent and Trademark Office. Among two of the most important discussions were Section 101 regarding patent eligibility and registration of fraudulent trademarks. 35 USC 101 establishes who is and is not eligible for a patent under U.S. law. In other words, Section 101 establishes what kinds of innovations are patentable. Under Section 101, in order for an invention to be patentable, it must meet four criteria. Those are: No similar patent has been issued before (one patent per invention); The patented technology must serve some useful function; Patents are reserved for processes, machines,...

26 June

0 Comments

Sticky

Supreme Court Says Law Banning Registration of ‘scandalous’ Trademarks Violates First Amendment

Posted by COFFYLAW, LLC

in Blog

On Monday, June 24, 2019, the U.S. Supreme Court in a 6-3 ruling, struck down a provision of federal law that prohibits the registration of “immoral” or “scandalous” trademarks as a violation of the First Amendment. The ruling, which unanimous in part and 6-3 in part, could open the flood gate to trademark applications seeking to register words or phrases that were considered vulgar, a concern that the court’s minority feared.Justice Elena Kagan wrote the majority opinion stating: “[w]e hold that this provision infringes the First Amendment,” because it “disfavors certain ideas.” ...

Chamberlain Petitions Full Federal Circuit to Correct Appellate Overstep on Patent Eligibility

CAFC Holding in Campbell Soup Design Patent Case Addresses Standard for Establishing Proper Primary References

Amici Urge Supreme Court to Grant UMN Petition on Sovereign Immunity for IPRs

WIPO Report Validates Fears About U.S. Patent Decline

This Week in Washington IP: America’s Innovation Leadership, Facebook’s Financial Industry Impact and Personal Data Ownership

Petition Seeks Rare En Banc Review to Clarify Whether PTAB Can Overrule Article III Courts

Submission to The Senate IP Subcommittee for Entry Into the Record

What Is a “Kit” Patent?

House Subcommittee Discusses Section 101 and Fraudulent Trademarks

Supreme Court Says Law Banning Registration of ‘scandalous’ Trademarks Violates First Amendment

MEET OUR TEAM

Our lawyers will also represent you in civil litigation cases such as Patent, Trademark, and Copyright Litigation

EMMANUEL COFFY

Managing Partner

OMPRAKASH SRINGERI

Of Counsel

LEONARD BOYER

Senior Partner

JOHN J. DELATUSH

Technical Advisor, Mechanical Engineer

FRITZNER L. ALTIDOR, ESQ. CPA

Attorney at Law

JEAN-HIRAM COFFY

Technical Advisor, Electrical Engineer

Areas We Serve

Maplewood Location

Brooklyn Location

Clifton Location