Patterson Thuente News

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Application accepted: Court says marks can cover certain software

Does a company that provides software perform a service that supports a service mark? In today’s technology-driven markets, this question is raised with increased frequency. The Federal Circuit Court of Appeals’ recent decision in In re JobDiva, Inc. delivered good news to companies using this business model, although it also cited a caveat.

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Why novelty doesn’t make abstract ideas any less abstract

When the inventors of a new design process admitted that they had mentally performed the patented steps themselves, the Federal Circuit Court of Appeals took them at their word. The patent holders in Synopsys, Inc. v. Mentor Graphics Corp. ultimately failed the two-step abstract ideas test.

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Just desserts? Why a computerized menu patent was found ineligible

The decision in Apple, Inc. v. Ameranth, Inc. probably wasn’t what the patent-holder ordered. Late last year, both the Patent Trial and Appeal Board (PTAB) and the Federal Circuit Court of Appeals (which hears all appeals in patent cases) reviewed Ameranth Inc.’s patents for a computerized restaurant menu system, ultimately sending Ameranth back to the kitchen.

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Ideas On Intellectual Property Law June/July 2017

Patterson Thuente IP is please to publish the June/July issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Overcoming Alice: Guidelines for Inventors of Computer-Based Inventions

Get some guidance on how to write patents for computer-related technology and download our handy invention disclosure checklist.

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AIPLA Announces Legislative Proposal on Patent Eligibility

Read the release below that outlines the AIPLA Legislative Proposal for providing a clear and objective test for patent eligibility.

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Welcome Denise Kettelberger, Ph.D.

Patterson Thuente IP is proud to welcome patent attorney Denise Kettelberger, Ph.D. to our team! Learn more about her impressive background.

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Webinar: Patent Searching & PTAB Strategy

Brad Pedersen will join this webinar to talk about patent searching and PTAB strategy. Sign up at
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How the disavowal exception trashed a patent infringement claim

Courts in infringement cases construe terms in patent claims by their plain and ordinary meaning — usually. As the patentee in Poly-America, L.P. v. API Industries, Inc., learned the hard way, the Federal Circuit doesn’t take that approach when the disavowal of claim scope applies.

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Court shoots down trademark infringement defendant

Two firearms manufacturers came out shooting when a dispute arose over which one had the right to use the mark “SCAR” for guns and related items. The case, FN Herstal SA v. Clyde Armory Inc., raised the common trademark issue of priority of use, as well as the less-common unlawful use doctrine.

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