1. Does USPTO Memo on Patent Eligibility Bring Confusion?

    Posted on 07/17/2018 by David Puleo, in Patent Related Court Rulings, Patent Trends & Activity

    In April, the USPTO published a memorandum that revises procedures set forth in MPEP §2106.05. The memorandum was issued in response to the Federal Circuit’s decision in Berkheimer v. HP Inc. Now that the Federal Circuit denied the request for en banc rehearing of the decision, we thought it would be a good time to offer some thoughts on the memo.


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

    Posted on 07/11/2018 by Jon Schuchardt, in 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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  3. Stone Basket Innovations v. Cook Medical LLC : When Is a Case “Exceptional” for the Purposes of §285?

    Posted on 06/26/2018 by Thomas Pia, in Patent Related Court Rulings, Patent Resources

    Stone Basket Innovations (SBI) sued Cook Medical LLC (Cook) for infringement of its patent, U.S. Patent No. 6,551,327 (‘327 Patent) in the U.S. District Court for the Eastern District of Texas.[1]  Subsequently, the case was transferred to the U.S. District Court for the Southern District of Indiana (Southern District).[2]  The subject patent related to stone extraction medical devices for removing stones from biological systems, and contained elements directed to a “support filament,” “a handle comprising a sheath moving element,” and a “collapsible wire basket.”[3]  At deposition, in a moment that SBI’s attorneys’ will probably dream of again and again in a kind of horrible Groundhog Day remake, when questioned about the addition of the sheath movement element during prosecution, the inventor of the ‘327 replied, “I realize there is nothing novel about it.”[4]  Yikes!  But this is exactly what happened in Stone Basket Innovations, LLC v. Cook Medical LLC, 2017-2330 (Fed. Cir. June 11, 2018).


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  4. Patent Beauty: IP and Hair Care Products

    Posted on 06/21/2018 by Shin Hee Lee, in Biotech/Pharma

    “Your hair is your crowning glory” is an often-quoted phrase with biblical roots.1 Perhaps more importantly, one’s hair is a visible barometer of one’s health and age. Hair care products are also big business. The global hair care market reached $85.5 billion in annual sales in 2017. This figure is expected to climb to over $100 billion by 2024. The U.S. hair care market outcompeted the Asia-Pacific market in 2017, now making it the largest market in the world at about $15 billion. This highly lucrative hair care market continues to grow rapidly with advances in nanotechnology and other areas. A sampling of patents from the hair care sector is summarized at the end of this article.


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

    Posted on 06/19/2018 by Thomas Pia, in 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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  6. Fluid Catalytic Cracking Patents – 2017, Part I: Catalytic Compositions/Synthesis

    Posted on 06/15/2018 by William Reid, in Articles, Patent Trends & Activity

    One technique for categorizing patents related to Fluid Catalytic Cracking is to group them in certain categories:  those related to catalyst zeolite, matrix or the catalyst per se, their synthesis or crossover patents directed to additive/FCC catalyst systems; catalyst additives per se, such as metals passivation catalysts, octane additives or combustion promoters; reactor internals; regenerator internals; FCC-related process conditions, operations, and treatment of FCC feed or products; or incorporation of the FCC in a broader process, and ancillary FCC-related processes.  In 2017, there was a concentration in the final category, with lighter representation in all other areas.


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

    Posted on 06/11/2018 by William Reid, in 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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  8. Dilworth IP to Host First Counsel to Counsel Webinar

    Posted on 06/08/2018 by Thomas Pia, in Announcements, Webinar

    Dilworth IP will host its first Counsel to Counsel™ webinar panel on June 28th at 1:00 PM (EDT). In this series, in-house IP counsel members will be invited to share their insights and best practices. Michael Dilworth, Founder of Dilworth IP, will moderate this inaugural event, and will be joined by Catherine Toppin, Senior Patent Counsel & Manager at General Electric, David Joyal, VP Legal, Patents at Coty Inc., and George Romanik, former Associate General Counsel, Intellectual Property for LANXESS Solutions US Inc.


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  9. Steve Jobs: Think Different, Think About the Box

    Posted on 05/23/2018 by William Reid, in Articles, Patent Trends & Activity

    In the world of electronics, no one has appreciated and successfully employed the importance of the integration of packaging design and engineering, like Apple.  Everyone in the field of intellectual property are aware of the considerable number of utility patents owned by Apple.  What they may not be as familiar with is their activity in the area of design patents.  As described in the Steve Jobs biography by Walter Isaacson, this has been due in large part to the relationship between designer, Jonathan Ive, and the brilliant Steve Jobs.  The book points out that in contrast to the typical engineering-driven design of products in most companies, at Apple, product and packaging design involves an iterative conversation between the designers and engineers to find elegant simplicity:


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  10. Dilworth IP Runs in Support of the Hole in the Wall Gang

    Posted on 05/16/2018 by Thomas Pia, in Announcements, News and Events

    The Dilworth IP Team is very excited to support the Hole in the Wall Gang, a charitable organization founded by Paul Newman in 1988 which runs camps and various other programs across the Northeast for seriously ill children and their families to enjoy free of charge. On June 2nd, team members Michael Dilworth, Guinevere Ngau, Bill Reid, Theresa Reid and Thomas Pia will be running in a 5K race on behalf of Dilworth IP to raise money for the charity. “We are all very enthusiastic about supporting this cause,” said Michael Dilworth, Dilworth IP’s Founding Partner, “when children need serious medical attention, it is obviously so important that everything is done to provide that attention to them. Our instinct to help in that way is a good thing, but we also need to make sure that their whole childhood is not completely consumed by their illness. I am very moved by the idea of giving every kid—regardless of their illness—an opportunity to experience the joys of chi


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