Dear Patenticity: Freedom to Operate
Dear Patenticity, I am starting a new business around a technology that I hope to patent. We have already conducted a patentability search and we think we can get a…
Cyber security IT engineer working on protecting network against cyberattack from hackers on internet. Secure access for online privacy and personal data protection. Hands typing on keyboard and PCB
Cosmokey Dances the Alice Two-Step
By Dominic A. Frisina Cosmokey v. Duo Security is more about the Federal Circuit than the patented authentication method accused of being a patent-ineligible abstract idea. The court’s analysis is…
smoke towards the blue sky
Can Notice of Infringement be Inferred Under Sec. 287(a)?
By Dominic A. Frisina The Federal Circuit in Lubby Holdings v. Chung overturned a jury verdict finding that Lubby satisfied Sec. 287(a)’s requirement to notify Chung of his infringement. [1] Was this…
A syringe and a box for adrenaline. Shot with tilt/shift lens for increased depth of field.
Belcher Patent Unenforceable for Inequitable Conduct
By Dominic A. Frisina Inequitable conduct is an affirmative defense to patent infringement, but the bar for proving it is a high one. A defendant must prove by clear and…
A Fine Line Between Co-Owner and Infringer
By Dominic A. Frisina Can an employee’s unpatentable “idea”, conceived under a duty to assign intellectual property, give rise to co-ownership in an invention conceived after employment terminates? That was…
Geometric Polygon Artificial intelligence Human Face with Network Graphic Technology Background.
Should AI be an Inventor?
By Dominic A. Frisina We live at a time when Artificial Intelligence (AI) autonomously drives cars, carries on conversations with humans, and in many other ways engages in seemingly…
New Employee Handbook (HR handbook). 3d illustration
Your Employee Handbook May be Deficient for Capturing Patent Rights
By Dominic Frisina Is your employee handbook sufficient to automatically capture patent rights in your employee’s inventions? The recent Federal Circuit case of Omni Medsci v. Apple suggests that it…
Assignor Estoppel is Alive and Well after Minerva v. Hologic
By Dominic Frisina The Supreme Court clarified the doctrine of assignor estoppel in its June 29th Minerva v. Hologic opinion.[1] In doing so, the Court vacated the Federal Circuit’s opinion…
Patentability Versus Freedom-To-Operate
If you do not know the difference between patentability and freedom-to-operate (FTO), you are not alone. Most often people mistakenly believe that a patent gives them the right to make,…