Category: Appeals

Federal Circuit Judicial Clerkship Experience

It is a wonderful experience to serve as law clerk to a judge. It’s fun to meet other law clerks, judges, and members of the bar. Clerks get to know each other in a variety of ways, forming friendships that can last a lifetime. Here is a photo from Archives Courtesy of Federal Circuit Historical Society showing the law […]

Why Samsung will pay half billion to Apple for design patent infringement

In a saga of epic proportions, sprawling across the globe, Apple and Samsung have been duking it out over smartphone design and features. That’s billion, with a “B” District Judge Lucy Koh of California entered judgment in favor of Apple to the tune of

High Court Bites Spider-Man Patent

A patent endows its owner with “superpowers,” but “only for a limited time,” held the U.S. Supreme Court in Kimble v. Marvel (June 22, 2015). The time-honored formula for action is “ready, aim, fire!” Here, as in many less-than-perfect business/legal cases, the parties reversed the last two steps. To their credit and profit, at least […]

Beem Asks USPTO for Better Quality Patent Examination

The U.S. Patent and Trademark Office (USPTO) has proposed a new patent quality initiative. See Director’s Blog and Federal Register. In response, I have submitted a formal comment, Tracking Number 1jz-8ipa-7jnk, as set forth below. I contend that any discussion of quality patents should take into account the need for

Fear of Patents Incited by Lobbyists

Patent law promotes the progress of technology by rewarding inventors who patent their inventions. From the beginning, the Constitution empowered Congress to pass a Patent Act, and President George Washington called for it in his first State of the Union address. Congress acted affirmatively in 1790, with periodic updates ever since. As Abraham Lincoln said, the patent system adds […]

Patent System under Attack: Interview with USPTO Director Michelle Lee

This morning, my fellow leaders of the Chicago Intellectual Property Law Association (IPLAC) and I met with Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), and several of her fellow USPTO executives, including the impressive Dr. Christal Sheppard, Director of the Detroit Office. Director Lee has excellent qualifications. Unfortunately, as discussed below, […]

Build Your Patent Portfolio: Preparation, Prosecution, Appeals

Are you General Counsel, Patent/IP Counsel, or an executive of a company that owns valuable proprietary technology? If your company or your client files patent applications, you’re probably encountering rejections. You may be wondering how to deal with the cases at hand and how to improve your strategy, procedures and execution for preparation and prosecution of patent applications. […]