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High Court to Hear Potential Landmark Case About Patent Venue

Posted on Mar 22, 2017 in Articles

In a patent litigation suit, is venue established where the corporation was incorporated or where the corporation does business? This question, which currently raises one of the thorniest issues in patent law, will capture the spotlight this month in oral argument before the U.S. Supreme Court.

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Delaying the Process of Getting a Patent

Posted on Feb 22, 2017 in Articles

At the end of the Gulf War, ­international inspectors searching through an Iraqi military site found a U.S. patent that explained how to manufacture nuclear material for an atomic bomb. The patent, U.S. 2,709,222, had been delayed from being granted for years. But in 1955 the U.S. government allowed the patent to issue, believing that its ­methodology was out of date, and no country would be interested in its contents. Evidently they were wrong.

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Disparagement and Trademarks at the US Supreme Court

Posted on Jan 26, 2017 in Articles

Try to make sense of this: The U.S. Patent and Trademark Office (USPTO) refused to register the trademark “HAVE YOU HEARD THAT SATAN IS A REPUBLICAN?” because it disparaged the Republican party. But when an application was filed for the mark “THE DEVIL IS A DEMOCRAT,” the USPTO agreed that the mark could be registered.

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The Hottest Patent Law Issues Of 2016

Posted on Jan 3, 2017 in Articles

As we ring in the new year, it’s now time to look back at the most significant patent law issues of 2016.

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Patents of Interest for 2016

Posted on Dec 28, 2016 in Articles

Would you like to predict the future? It’s possible – just look at patents and patent applications to get a sense of the world of technology that will soon be approaching. While many patents will never lead to actual physical products, others can give a good sense of important business developments that may be just around the corner.

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Marijuana’s Role in the Pursuit of Trademark Rights

Posted on Nov 29, 2016 in Articles

Last month, we ­discussed the patentability of ­marijuana. It was explained that numerous marijuana-related patents already exist and more are expected to be granted. The issues associated with trademarks and marijuana, however, are substantially different.

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The State Of Judicial Deference To The USPTO

Posted on Nov 16, 2016 in Articles

Perhaps no doctrine is more significant to our form of government than separation of powers. In the first draft of the Bill of Rights, James Madison wanted to explicitly state that our three branches of government — legislative, executive and judicial — “shall never exercise the power” of each other. His proposal was struck down as being redundant with language articulated by the U.S. Constitution. Separation of powers, it was argued, was already implicit. Yet here we are today, with accusations that the separation of powers doctrine has been eroded.

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Marijuana’s Role in the Pursuit of Patent Rights

Posted on Oct 24, 2016 in Articles

Marijuana is big business and the opportunities to make money, just like the plant, will only continue to grow. In 2015, Colorado’s marijuana sales came close to a staggering one billion dollars. And in next month’s election, five states will be voting on legalizing ­marijuana for recreational purposes, while four more states will be asking voters to decide whether the plant should be ­available for medical purposes. Businesses will ­expand and new companies will be born in order to try to cash in on this ­lucrative market.

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The Current State of Computer Software Patentability

Posted on Sep 26, 2016 in Articles

Remember Morse code? Perhaps mention of the name conjures up movie images of telegraph operators communicating over long distances, by tapping out “dashes” and “dots” that correspond to letters of the alphabet. What many people do not realize is that Samuel Morse, inventor of Morse code, fought a protracted battle to protect his patent rights. One of his patent claims stands out: the use of electromagnetism to print “intelligible characters, signs or letters.”

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Options for Dealing with Patent Office Final Rejections

Posted on Aug 24, 2016 in Articles

It happened again. Your company is trying to obtain valuable patent rights, and for the second time (or perhaps the third time, or the fourth time) the U.S. Patent and Trademark Office (USPTO) has rejected your patent application. Is there an end in sight?

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