Author: Meredith Martin Addy

Strange Days. Our Surreal Surroundings.

Back Through the Looking Glass? Federal Circuit Recognizes Underlying Facts May Exist At Summary Judgment and Pleadings Stages

Asserting patent rights is a surreal endeavor these days. Two weeks ago, our team at Tabet DiVito & Rothstein was celebrating a key win for client Thales Visionix at the Federal Circuit. That same week, Andrei Iancu was confirmed as our new Director of the USPTO. (Welcome to the party, Andrei.)

Then the Federal Circuit issued its ruling in Berkheimer v. HP, followed by its decision in Aatrix Software v. Green Shades. Glimmers of hope? read more


A Valentine for the Federal Rules. Who Knew?

Federal Circuit Decides That FRCP Do Apply to Patent Eligibility. At Last!

Shout out to Gene Quinn for publishing my short piece in IPWatchdog this week on what we both feel is an important development at the Federal Circuit: two rulings within a week of each other vacating lower court determinations of patent ineligibility.

I’m optimistic about the court’s future approach to reviewing such decisions! read more


Fighting Hard, Flying High for Thales Visionix

Tabet DiVito & Rothstein Client Prevails at Federal Circuit on Key Claims for Helmet-Mounted Location-Tracking Technology for F-35 Joint Strike Fighter

Any time a patent survives today’s dual gauntlet of a dismissal on the pleadings and inter partes review, I get a big smile on my face. The patent system may not be working as efficiently as it could be, but it’s working.

On Feb. 6, our client Thales Visionix prevailed at the Federal Circuit in a long-running dispute with infringer Elbit Systems of America, on the key claims of a patented technology for the helmet-mounted display used in the F-35 Joint Strike Fighter. read more


Fighting the Good Fight

Evolutionary Intelligence Requests Amicus Support on Petition for Cert.

On October 23, 2017, inventor and patent-holder Evolutionary Intelligence LLC (EI) will file a petition for writ of certiorari at the Supreme Court in Evolutionary Intelligence, LLC v. Sprint Nextel et al., appealing the Federal Circuit’s affirmance of a lower court’s invalidity decision under Section 101. read more


A Satire. Born of Truth.

Remember Calls from Inventors? That Was the Good Old Days.

I love talking to inventors about protecting ideas.

But while I used to receive calls asking about the procedure for getting a patent, I no longer do. I fear it’s because inventors no longer believe patents are worthwhile.

I get it: if I were to get a call today, I couldn’t paint a rosy picture for would-be patentees. What do we say, today, to someone who calls to ask about patenting their invention? Who wants to file an infringement litigation? What if they ask how much it’s going to cost? read more


TDR Files SCOTUS Amicus Brief for AIPLA in Oil States

Case Addresses Constitutionality of Inter Partes Review

Do inter partes review proceedings at the U.S. Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) violate the U.S. Constitution by extinguishing private property rights through a non-Article III forum without a jury?

That’s the issue the U.S. Supreme Court will consider in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., No. 16-712 (2017). read more


TDR Files Brief for IPLAC at SCOTUS

Amicus Curiae Support Petition for Certiorari in Synopsys v. Mentor Graphics

This spring Tabet DiVito & Rothstein submitted a brief on behalf of the Intellectual Property Law Association of Chicago (IPLAC) as amicus curiae, in support of a petition for writ of certiorari to the U.S. Court of Appeals for the Federal Circuit, in Synopsys, Inc. v. Mentor Graphics Corp., No. 16-1288 (2017). read more


Uncertainty is the Enemy of Investment. Even Large Tech Firms Say So.

Stable Patent System Underpins a Successful Economy

Still more voices are attesting to the instability of patent policy in the U.S., noted Steve Brachman on last week, reporting on the May 8 discussion, “The Impact of Uncertainty and Negative Attitudes Towards IP Rights on U.S. Business,” which was part of an International IP Commercialization Council (IIPCC)-sponsored event in Washington, DC. read more


Amici Join Fight for Evolutionary Intelligence

U.S. Inventor, Inc. and IP Lodge BVBA Submit Briefs In Support

Last month I requested amici to support a combined petition for rehearing and rehearing en banc at the Federal Circuit in Evolutionary Intelligence LLC v. Sprint Nextel Corp., et al., which Evolutionary Intelligence had filed on April 19, 2017.

On behalf of Evolutionary Intelligence, I am extremely pleased that both IP Lodge BVBA and U.S. Inventor, Inc. submitted briefs on May 3, 2017. read more