June 21, 2017
In a priority contest involving two inventors of a hepatitis C prodrug, the Patent Trial and Appeal Board correctly awarded priority to one inventor after withdrawing the provisional filing date of the other inventor due to a lack of enablement, the U.S. Court of Appeals for the Federal Circuit has ruled. Substantial evidence supported the Board’s finding that a high...
June 20, 2017
In parallel lawsuits that Technology Development and Licensing brought against Comcast, Dish Network, and Echostar, two claims of U.S. Patent RE 35,952 (titled "Television Receiver Having Memory Control for Tune-By-Label Feature") were drawn to an abstract idea that lacked an inventive concept, the federal district court in Chicago has decided. Motions for judgment on the pleadings, filed by Comcast, Dish...
June 19, 2017
The U.S. Supreme Court has held that a Lanham Act provision against disparaging marks is facially invalid in light of the Free Speech clause of the First Amendment. Justice Alito, writing for the court, noted that trademarks are private, not government, speech. Justices Kennedy, Ginsburg, Sotomayor, and Kagan agreed that the disparagement claims, 15 U. S. C. §1052(a), constituted viewpoint...
June 16, 2017
Three patents claiming methods of testing for the enzyme myeloperoxidase (MPO) were not directed to patent-eligible subject matter, the U.S. Court of Appeals for the Federal Circuit has held, affirming a decision of the federal district court in Cleveland finding the patents invalid under 35 U.S.C. §101. The patents merely claimed a law of nature—specifically, the correlation between MPO and...
The Computer Law, Intellectual Property, and Privacy Law (CLIPP) Advisory Council is composed of distinguished legal experts in these related legal fields. Established in 2002, the CLIPP Advisory Council provides guidance to Wolters Kluwer on the opportunities, challenges, and practical needs of legal professionals who focus on intellectual property, privacy, and Internet/technology law.
Michael L. Kiklis
Mr. Kiklis is a patent attorney with 20 years of experience in all areas of patent law. He has procured numerous patents, litigated patents, and challenged patents in various proceedings at the U.S. Patent and Trademark Office (USPTO). He holds both a bachelor’s degree and a master’s degree in computer science from the University of Massachusetts at Lowell and Boston University, respectively. Mr. Kiklis received his J.D., magna cum laude, from Syracuse University College of Law.
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