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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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Why Patent Claims Language Must Be Clearly Written

Posted on Sep 27, 2017 in Articles

Everyday business communication is hard enough. With all of the subtleties and nuances of language, the message received by an individual may not match what was intended. But with patent claims, the need for definiteness is far greater.

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Patent Unenforceable Based on Inequitable Conduct

Posted on Aug 23, 2017 in Articles

It’s been called the atomic bomb of ­patent law—inequitable conduct. It happens when a patent is applied for, but the duty of candor, disclosure and good faith toward the U.S. Patent and Trademark Office (USPTO) is violated. If proven to have occurred during patent procurement, then the entire resulting patent becomes unenforceable.

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Trademarks and the First Amendment Considered by Supreme Court

Posted on Jul 26, 2017 in Articles

When I studied constitutional law in law school, one subject was certainly never mentioned in that class: trademarks. After last month’s U.S. Supreme Court decision in Matal v. Tam, that may change.

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Significant Change in Patent Exhaustion From the Supreme Court

Posted on Jun 21, 2017 in Articles

When was the last time you sold your used car and worried about infringing the patent rights of the manufacturer? My guess is you would say “never.”

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The Risk of Losing Patent Rights When an Invention Is ‘On Sale’

Posted on May 25, 2017 in Articles

One of the most frequent ­errors ­committed by inexperienced ­inventors is the untimely sale or public use of their invention. The sale of a ­product that includes a new invention—before a patent application is filed—destroys patent rights in many countries. Not so in the United States, where U.S. law provides a 12-month “grace period” to file for patent protection after a public use or sale.

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