Apple Bites Back: Koss vs. Apple Becomes Apple vs. Koss

Posted by Robb Evans on Monday, August 10, 2020 at 4:33 PM


Milwaukee-based Koss Corporation (KOSS – NASDAQ) had accused Apple (AAPL – NASDAQ) of infringing several of its patents in a 5-count lawsuit filed in the U.S. District Court in Waco, Texas, in July. They claimed that selling AirPods, AirPods Pro, and Beats by Dre was a violation of its patents related to wireless earphone technology, and the Apple HomePod and Apple Watch were also targeted as infringing upon another Koss patent.     However, Apple is now biting back.  In a 6-count countersuit filed in the …

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Pandemic Patent Rights

Posted by Robb Evans on Thursday, August 6, 2020 at 7:35 AM


As we have previously discussed in this Blog column, the desire to expedite response capabilities for fighting COVID-19 was sure to put pressure on companies holding patents on drugs proving to be effective in the prevention or treatment of the disease.  Surely everyone wants solutions to be brought forward as expeditiously as possible and in sufficient quantities to be available to all in need.  Further, the solutions need to be made available at reasonable and affordable prices if they are to have the rea…

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USPTO Decides: AI Can't Be Granted a US Patent

Posted by Robb Evans on Monday, June 29, 2020 at 9:37 AM


In late April, the USPTO issued a ruling stating that artificial intelligence (AI) can't be credited as the inventor in a patent application. It's an important decision and a ruling that will have significant implications as AI programs emerge that are potentially smarter and more capable than today's technologies.  DABUS and the Future of Pronouns The USPTO ruling that under US patent law AI can't be credited as an inventor comes after the AI system, DABUS, created by the Artificial Inventor Project, sub…

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Mastering the Art of Patent Disclosure Drafting

Posted by Robb Evans on Tuesday, June 23, 2020 at 5:02 PM


Inventions are highly technical and scientific, but preparing a patent’s written description is as much an art as it is a science. Drafting a patent may seem intimidating at first, but it is not as difficult as you may think. With a little practice and a touch of patience, it is possible to draft a patent application that will sail through the examination process. Understand and Explain the Invention Inside and Out It goes without saying that every patent starts as an invention; your invention might be a …

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Research Methods for an Initial Prior Art Search

Posted by Robb Evans on Friday, June 19, 2020 at 9:21 AM


Before hiring an attorney, it is never a bad idea to conduct an initial prior art search to take the search deeper. To that end, the following are some prior art research methods we recommend utilizing as you determine the appropriate direction to take for your product and patent.  Understand Your Goals Identify what specific goals you want to achieve with your search. Are you looking to determine whether or not it makes sense to file for a patent? Do you want to avoid the submission of a patent applicati…

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USPTO Strives to Smooth Over Ripples Created by COVID-19

Posted by Robb Evans on Friday, June 12, 2020 at 9:47 AM


COVID-19 washed over the US like a tidal wave, leaving a trail of disruption behind that has shaken innovation, patent examinations, and trademark extensions across the country. Recognizing the need to take swift action, the USPTO has initiated measures intended to make it easier to submit patent applications and secure extension on existing trademarks.  Extensions Shutdowns across the country created challenges for many entities to meet filing deadlines and pay the applicable fees on their patents and tr…

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Freedom to Operate & All About a Professional Patent Search

Posted by Robb Evans on Wednesday, May 27, 2020 at 9:05 AM


A freedom to operate search is a professional patent search that gives you a better idea of what is possible for your business. It provides a clear picture of potential obstacles inherent with the commercialization of your products and ideas. Failing to perform a freedom to operate search can have costly consequences, and we strongly recommend every business to invest the time and effort into the process.  The Benefits of a Freedom to Operate Search Conducting a professional patent search helps verify tha…

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Understanding the Different Types of Infringement Claims

Posted by Robb Evans on Wednesday, May 20, 2020 at 9:50 AM


There are many types of patent infringement claims. Each has its own unique nuances, but all boil down to the same basic fact: someone else is using your invention in violation of your patent. As businesses become increasingly global and new trade routes open, the potential for patent infringement will rise. Understanding the different types of infringing behaviors you may face can help you better protect your products and services in a changing world.  Direct infringement is the unauthorized use of an ent…

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The Potential of Patent Pools for Pandemic Response

Posted by Robb Evans on Tuesday, May 19, 2020 at 9:38 AM


From Beijing to Berlin, COVID-19 is the one thing making headlines in every country. While doctors and nurses are focused on saving lives, legislators and regulators are struggling to keep the flow of lifesaving medicines and machinery moving. It is a fluid environment where traditional norms and the "old ways" of doing things are coming under intense scrutiny.  As the race for vaccines and effective treatments moves forward, it is creating an intense storm where radical solutions, such as patent pools and…

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Compulsory Licensing and Healthcare Patents

Posted by Robb Evans on Tuesday, May 12, 2020 at 10:04 AM


Healthcare systems around the world are racing to secure lifesaving equipment and protective gear for their patients and staff. Governments are stepping in to protect supply chains and ensure the flow of these goods as borders close and exports trickle to a halt. There are already hints that the compulsory licensing of healthcare patents is going to become increasingly common as the COVID-19 pandemic develops. For affected patent holders, this doesn't mean they will lose their rights to their patents. Howev…

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How to Minimize Freedom to Operate Risks

Posted by Robb Evans on Wednesday, April 29, 2020 at 8:37 AM


Conducting a freedom to operate (FTO) search can help protect your company from patent infringement claims. When you perform an FTO, the search will determine what IP rights and patents are in force within the country where you intend to produce or distribute your product. It's a considerable task, and it's not one you want to ignore. While there are costs involved in doing such a search, the costs of a patent infringement claim can be significantly more damaging to your business. Maximizing the Effectiven…

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Global Patent Solutions: To Clients Whose Patents Save Lives

Posted by Robb Evans on Monday, April 20, 2020 at 9:45 AM


The biggest impacts of COVID-19 haven't even begun to be felt by businesses. Governments are focusing on how to keep people healthy and heal the affected, and shareholders are shivering at falling stock prices. However, the most significant impact we are watching at Global Patent Solutions could come when the dust starts to settle. At that point, public pressure could lead legislators and regulators to reevaluate the way medical patents are granted. They may also reconsider the rights of patent holders whos…

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Will AI Change the Future of Tech Patents?

Posted by Robb Evans on Friday, April 17, 2020 at 10:16 AM


AI is taking off around the globe. Developments in Europe, Asia, and North America point to a future where machines will quite literally be making machines. What used to be science fiction is becoming a scientific reality, and that means some potentially dramatic shifts in how we secure and utilize patents. Can Companies Patent AI-Created Inventions? This is the big question that is still up in the air. The current legal framework does not consider AI to be an entity unto itself. Indeed, the present legal…

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Efficiency is More Important Now Than Ever

Posted by Robb Evans on Tuesday, April 14, 2020 at 11:42 AM


  Efficiency is always important, and a challenging economy tends to make this an even more critical driver of success. Our present moment is no exception. IP Professionals and their companies are seeing their world upended. For some, this means they are struggling with previously unanticipated revenue and expense challenges. In times of falling revenue, managing expenses can become a matter of survival. Other companies are scrambling to ramp up swiftly to meet unanticipated demand surges that may be requi…

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The History of Patenting Vaccines

Posted by Robb Evans on Friday, April 10, 2020 at 8:37 AM


The race is on to find a vaccine for Coronavirus. As companies around the world pool their resources and share their data, it's wise to look back and examine the history of medical patents and vaccines. Doing so may provide a clue as to how this current race will end. Flu Vaccine The Spanish Flu of 1918 was a wake-up call to the world. By the 1940s, the US military had developed the first effective flu vaccines. Today, the process for manufacturing these vaccines has changed little and still relies on the…

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