IP Insights

Another Reminder to Beware the Background Section and the Words “The Invention”


By James Harris | February 6, 2023

A recent appeal pitted two smart wallet manufacturers and their respective patents against each other.  Mosaic Brands, Inc. v. Ridge Wallet LLC addressed two major issues, the sufficiency of proof required when an alleged infringer attempts to prove invalidity using its own prior sales, and whether the District Court correctly imposed an extremely limiting claim […]


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Patent Law in the European Union: The Upcoming Unitary Patent and Unified Patent Court


By Natalie Grace | January 18, 2023

The new year heralds a new era of European patent practice, with a Unitary Patent (UP) option for obtaining widespread protection under a single examination scheme as well as a Unified Patent Court (UPC) for resolving patent-related disputes in the European Union (EU).  For applicants interested in widespread protection across Europe, the UP will provide […]


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Federal Circuit Affirms Judgment of Noninfringement in Video Game Patent Infringement Lawsuit


By Michael Dorfman | December 19, 2022

In a November 30, 2022 precedential opinion in Treehouse Avatar LLC v. Valve Corporation (available here), the Federal Circuit upheld a district court’s decision striking expert testimony that did not rely upon the parties’ own agreed upon claim construction and that the court adopted, and granting summary judgment of non-infringement.   By way of background, […]


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PTAB Reverses Obviousness Rejections for Failure to Adequately Explain the Motivation to Combine References and that the Claimed Product Would Result From the Combination


By Pat Halloran | November 23, 2022

The Applicant appealed the Examiner’s rejection of its claims to “[a]n aqueous dispersion comprising….a continuous phase” of “75% to 100% water” and “60% to 95% of a distributed phase” including “2% to 20% ethylcellulose polymer”, “70 to 97% food oil” and “1% to 10% dispersant, wherein the distributed phase comprises dispersed particles that are solid […]


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