Widerman Malek Law Blog

Supreme Court to Tackle Issue of Who Pays Trademark Litigation Fees

The US Supreme Court agreed to decide whether the US Patent and Trademark Office’s policy of requiring its attorneys’ fees be paid regardless of the outcome of the case is legal. The district court circuit split arises from language in both the Patent Act and the Lanham Act that requires applicants, who file de novo […]

How To Obtain A Software Patent

Up until recently, software patents accounted for about half of all patents issued by the United States Patent and Trademark Office (USPTO). The U.S. Supreme Court has since made it more difficult to receive a software patent. However, the tide is shifting back in favor of inventors and patent owners. In fact, since the initial […]

The US Patent and Trademark Office Remains Open During Government Shutdown

At 12:01 AM on January 20, 2018, the United States Government went into shutdown based on impasse in congress over budgeting.  Of course, the United States Patent and Trademark Office (USPTO) is an agency of the United States Government.  The government shutdown applies to all “non-essential” government agencies.  For example, agencies that are considered as […]

Overcoming Patent Application Rejections by the USPTO

35 USC §101 Rejections Since the U.S. Supreme Court decided Alice v. CLS Bank in 2014 there has been a drastic increase in 35 USC §101 rejections. The decision emphasized that inventions “directed to an abstract idea” are not patentable. The U.S. Patent Office has used this decision to reject a majority of software utility […]

Protecting Your Software’s Application Programming Interface (API)

In this article, we are continuing the discussion of a legal strategy to protect software that involves segmenting software into three tiers and protecting each tier separately. This strategy has been developed in response to a 2014 U.S. Supreme Court case, Alice v. CLS Bank, that effectively slammed the door on receiving and enforcing software […]

Design Patents to Protect Your Software

In a previous article, we discussed a legal strategy for protecting software that involved segmenting software into three tiers and protecting each tier separately. Those tiers are as follows: Level One: User Interface Level Two: API Level Three: Algorithms and Data Structures This article focuses on the first tier, which involves how the user interacts […]

Is There Legal Protection for Software?

Although the protection strategy has changed, the answer is yes. Until recently, software patents accounted for about half of all utility patents issued by the USPTO. Application of a 2014 U.S. Supreme Court case, Alice v. CLS Bank, effectively slammed the door on this practice. Likewise, software patents issued prior to this decision have been […]

U.S. Supreme Court Changes Patent Litigation Practice

Summary of the Decision: On May 22, 2017, the U.S. Supreme Court overturned nearly 30 years of patent litigation practice by narrowing the application of a statute describing where plaintiffs may file a lawsuit. In the past, patent holders have been able to file suit in almost any jurisdiction in which a defendant sells an […]

TRADEMARK ALERT – Trademark System Will Be Down on April 29, 2017

We just received an alert from the United States Patent and Trademark Office that the Trademark Electronic Application System (TEAS) and the Trademark Electronic Application System International (TEASi) will be down for maintenance between 8AM ET and 4PM ET on Saturday April 29, 2017. This should not affect too many people as far as deadlines […]

The Donald Trump Skittles Controversy

Donald Trump is getting a whole lot of attention these days with the election and now being the President-elect. He’s been involved in a whole lot of controversy and people are quoting him on a daily basis, but few are talking about his copyright infringement case. Donald Trump managed to achieve copyright infringement in a […]

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