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HOW TO PROTECT THE SHAPE OF CANDY AND WHY IT’S WORTH THE FIGHT

Posted on Sep 26, 2018 in Articles

The Kit Kat bar is an international sensation, and as a result, Nestle has been trying to protect […]

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WHY GET A PATENT?

Posted on Aug 27, 2018 in Articles

The numbers are staggering. In 2017, IBM obtained almost 9,000 U.S. patents. If you consider the fact that IBM […]

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Pitfalls of Claiming Priority to U.S. Design Patent Applications for Related Foreign Applications

Posted on Aug 20, 2018 in Articles

In the U.S., for decades, it has been common practice for patent practitioners to disclaim certain subject matter […]

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U.S. Supreme Court Tackles Overseas Damages for US Patent Infringement

Posted on May 9, 2018 in Articles

The U.S. Supreme Court has rarely addressed the issue of patent damages, but a case currently before the […]

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What to Do When the Patent Office Says ‘No’

Posted on Mar 28, 2018 in Articles

According to the U.S. Supreme Court, a patent application is one of the most difficult legal instruments that can be drafted. Small wonder that most patent applications are initially rejected by the Patent Office. Although negotiating with the Patent Office examiner, including presenting amendments and arguments often will lead to a patent application being issued as a U.S. patent, there are times when no amount of effort will translate into success.

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Court Applies ‘Chevron’ Deference to Patent Law in ‘Fractured’ Decision

Posted on Feb 21, 2018 in Articles

It is unusual for the Federal Circuit to apply the doctrine of Chevron deference to patent law, but a recent decision is noteworthy—and fractured.

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Several Steps to Improve Your Patent Strategy in 2018

Posted on Jan 25, 2018 in Articles

If the survival and growth of your business depends on the development of new technology, the beginning of the new year is a good time to think about your intellectual property (IP) protection and how it can be improved.

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The Hottest Patent Law Issues of 2017

Posted on Jan 8, 2018 in Articles

As we start the new year, let’s look back at the most important patent law opinions of 2017.

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Controversial Strategy: Selling Patents to a Native American Tribe

Posted on Dec 4, 2017 in Articles

Allergan (a pharmaceutical company) is the manufacturer of Restasis, a prescription eye drop that is used to treat Chronic Dry Eye disease by increasing tear production. Restasis has been a commercial success, with sales in 2016 of approximately $1.5 billion, and Allergan’s website states that its formulation has been “prescribed 6.4 million times since 2003.” Restasis is patented, and those patents received significant attention last month when they were sold to a Native American tribe—as a litigation strategy.

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Don’t Let Your Trademark Become Generic

Posted on Oct 25, 2017 in Articles

A music video went viral this month, but it’s doubtful you know any of its musicians. The tune is quite catchy, and the performance is not only professional, but very enjoyable. What is the theme of the song? Coming of age? A broken heart? No. It’s a music video about Velcro Brand Fasteners and the VELCRO trademark.

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