1. Alexa, Play Some Music

    Posted on 30.10.18 Frederick Spaeth, on News and Events, Recent News & Articles

    President Trump has now signed into law the much-anticipated Music Modernization Act (MMA). This law updates the terms and mechanism under which music publishers can distribute sound recordings and, by paying into a statutory licensing program, be shielded from lawsuits by songwriters, recording artists and record companies for infringing their copyrights.  Commercial music licensing is enormously complex, but to illustrate one reason why an update to current laws was needed, consider this excerpt from the House of Representatives Report for the House version of the bill (H.R. 5447):

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  2. Royal Trademark Battles over Beverages

    Posted on 18.09.18 Frederick Spaeth, on Articles, Recent News & Articles, Trademarks

    The story is about diet drinks named “zero”: SPRITE ZERO, the various flavors of COCA-COLA ZERO, FANTA ZERO, POWERADE ZERO, and VAULT ZERO. What these particular names share in common is that they are all products of The Coca-Cola Company (TCCC). Moreover, TCCC applied to register these ZERO-inclusive names, and others, in the U.S. Patent and Trademark Office (USPTO) as trademarks, so that they could claim the right to exclusive use of these names and similar names for such products.

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  3. Dilworth IP Invests in the Future: Internship Program Offers IP Experience to Next Generation of Local Scientists

    Posted on 28.08.18 Thomas Pia, on Announcements, News and Events, Recent News & Articles

    Dilworth IP’s Technology Specialist Internship Program has recently received attention from two of Connecticut’s leading academic institutions, Yale University and the University of Connecticut.  These pieces can be found HERE and HERE, respectively.

    Beginning in 2014, the firm’s Technology Specialist Internship Program has been designed to provide Ph.D. level scientists interested in a career in intellectual property law hands-on industry experience.  Since then, nine individuals have participated in the program, gaining a solid foundation in intellectual property law while fortifying Dilworth IP’s technological expertise.  “IP Law is unique in its intimate relationship with the sciences” said Dilworth IP Founder & Managing Partner, Michael Dilworth. “In creating the Technology Specialist position, we wanted to be able to offer young scientists experience in a field they may not have immediately considered. In exchange, the firm benefits from their incredible expertise in a variety of new and exciting cutting-edge technologies.”  

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  4. Hold the Mayo: Guide to a Healthy Patent Application

    Posted on 24.08.18 John Wizeman, on Patent Related Court Rulings, Patent Trends & Activity, Recent News & Articles

    Back in April, the Court of Appeals for the Federal Circuit (CAFC) handed down a split decision that breathes life into an otherwise suffocating Mayo/Alice world.  This case, Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd. has been contrasted and compared to the Supreme Court’s original Mayo finding, since both Mayo and Vanda related to drug dosing and involved a law of nature. However, the comparison ends there, as the underlying patent in Vanda was deemed subject matter eligible, whereas the patent in Mayo was not. The Mayo decision, in conjunction with the Alice decision of course, led to the creation of the current two-step patent eligibility test that has proven difficult to consistently apply. Three key differences likely led to the divergence between the Vanda and Mayo decisions:  (i) the focus of the innovation, (ii) the actual method steps recited, and (iii) the clarity in presenting the result of the application of the method. Furthermore, the USPTO recently issued a guidance memorandum analyzing the decision.

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  5. Zero Sum Game For Beverage Companies

    Posted on 24.07.18 Shin Hee Lee, on Articles, Patent Related Court Rulings, Recent News & Articles

    On June 20, 2018, the Federal Circuit decided against the soft drink giant The Coca-Cola Company in their long-standing battle with Royal Crown Cola Company and Dr Pepper/Seven Up Inc.  These parties had opposed Coca-Cola’s registration of the “Zero” trademark, for various Coca-Cola products. See, cafc.uscourts.gov/sites/default/files/opinions-orders/16-2375.Opinion.6-20-2018.pdf

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  6. Let Us Now Praise Unfamous Inventors, Part II:  The “Almost-10 Millionth” Patentee

    Posted on 11.07.18 Jon Schuchardt, on Articles, Patent Trends & Activity, Recent News & Articles

    It seems like only yesterday that the United States Patent and Trademark Office (USPTO) issued U.S. Pat. No. 9,000,000 for a “windshield washer conditioner” that collects and conditions rainwater or dew from a windshield for use as washer fluid.  And now we’ve surpassed 10,000,000!  If patents were Wonka Bars, the millionth ones would surely include a Golden Ticket.

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  7. Michael Dilworth Presents Talk to Yale’s Tsai CITY

    Posted on 19.06.18 Thomas Pia, on Recent News & Articles

    Michael Dilworth, Managing Partner at Dilworth IP, presented a talk on Intellectual Property basics for the Tsai Center for Innovative Thinking at Yale (CITY) on Wednesday June 13th.  Tsai CITY is a creative hub of Yale University that unites students, faculty and alumni across disciplines in order to cultivate innovation. The mission of Michael’s talk was to introduce aspiring entrepreneurs to the various nuances involved in protecting their technology. “I thoroughly enjoyed the conversation that we were able to have,” Michael said of the event, “and am grateful for the opportunity to be able to assist the next generation of innovators in their mission to change the world.”

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  8. From A[pple] to Z[eroclick]: The Federal Circuit Overrules District Court in Zeroclick, LLC v. Apple, Inc.

    Posted on 11.06.18 William Reid, on Patent Related Court Rulings, Patent Trends & Activity, Recent News & Articles

    In Zeroclick, LLC v. Apple Inc., 2017-1267 (Fed. Cir. June 1, 2018), the Federal Circuit overruled the U.S. District Court for the Northern District of California for improperly interpreting claims regarding the application of 35 U.S.C. §112, ¶ 6.  The case related to an appeal from an action where Zeroclick had sued Apple for infringement of claims 2 and 52 of U.S. Patent No. 7,818,691 (‘691 Patent) and claim 19 of U.S. Patent No. 8,549,443 (‘443 Patent).  The district court had found the claims invalid as being indefinite.[1]  The court had construed the claims as reciting means-plus-function elements but did not find correspondingly sufficient structure in the specification.[2]

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  9. Will Alice Become the New Markman?

    Posted on 10.05.18 Michael Hinrichsen, on Articles, Patent Related Court Rulings, Recent News & Articles

    Buried amidst the flurry of recent Federal Circuit subject matter eligibility decisions is a question that could significantly change how Section 101 is applied in patent litigation.  Specifically, the issue is whether performing Step 2 of the Mayo/Alice test can require a factual inquiry.  If upheld, this interpretation of Alice could make patent litigation much more complicated and expensive.  In fact, Section 101 inquiries could become convoluted mini-trials in their own right – similar to how Markman hearings are performed today.

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  10. Matthew Siegal of Dilworth IP Published in The Intellectual Property Strategist

    Posted on 04.04.18 Thomas Pia, on Announcements, Recent News & Articles

    Matthew Siegal, a patent attorney with Dilworth IP’s affiliate firm, Dilworth & Barrese, and Of Counsel to Dilworth IP, recently had an article published in The Intellectual Property Strategist entitled, “Even the Value of the Smallest Salable Unit Must Bes Apportioned.” In the article, Mr. Siegal discusses the Federal Circuit ruling in Finjan, Inc. v. Blue Coat.

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