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Standards-Setting Body in the IP News Over Policy Change

Posted on Feb 25, 2015 in Articles

If someone does not have a technical background, then he or she may have never heard of the Institute of Electrical and Electronics Engineers, but IEEE plays a huge role in many of the most popular electronic devices that are used today. IEEE, of which I am a proud member, is the world’s largest association of technical professionals, with more than 400,000 members worldwide. IEEE has recently been in the news because of a significant policy change that will affect the patent rights of many patent holders. In fact, the policy change has initiated significant controversy, because while some technology users will benefit from this change, some patent owners have expressed not only dismay and concern, but outright defiance.

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特許が「質」と定義される意味とは?

Posted on Jan 28, 2015 in Articles

クライアントに業務を取り扱う弁護士に何を期待するか尋ねてみてください。その答えは、業務に「質」が伴うことでしょう。誰でも、法律サービスを購入すると、代わりに質を手に入れると考えます。しかし、特許の分野において、特許が質を持つ意味とは何ですか?

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What Does It Mean for a Patent to Be Defined as ‘Quality’?

Posted on Jan 28, 2015 in Articles

Ask any client what he or she expects from the lawyers who are handling his or her work, and invariably the answer you receive is that the work must possess “quality.” Everyone wants to know that when they purchase legal services, they will get quality in return. But in the patent realm, what does it mean for a patent to have quality?

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Ruling In Your Case May Depend On Whether 112(6) Applies

Posted on Dec 5, 2014 in Articles

Whether prosecuting a U.S. patent application, or litigating a U.S. patent, patent practitioners must consider the implications of 35 U.S.C. §112(6).[1] These implications are significant, because whether or not 112(6) applies to a claim can determine claim construction or can render a claim indefinite and thus invalid.

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Are You Able to Extend Your Patent’s Term of Enforcement?

Posted on Sep 3, 2014 in Articles

The U.S. Constitution provides to inventors the exclusive right to their discoveries “for limited times.” Patents are thus granted with limited terms of enforcement. Is there a way to extend the term of a patent? Is there a way to increase the time period during which a patent can be monetized? In some situations, the answer to both questions is a resounding “yes.”

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Balancing Claim Language Requirements in Nautilus Case

Posted on Jul 2, 2014 in Articles

When legal principles are at odds with each other, it can be immensely difficult to reach a conclusion that is fair and just. Such is the dilemma in Nautilus v. Biosig Instruments, 572 U.S. _______ (2014). The case has been talked about for months, and seen by some as a possible major step forward in the “war” against “patent trolls.”

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Death of the Software Patent? It Doesn’t Have to Be

Posted on May 7, 2014 in Articles

The eligibility of software for patent protection is in the spotlight once again, but this time it is the U.S. Supreme Court that might be making the decision. Oral argument has already taken place in Alice v. CLS Bank, No. 13-298. Although the Supreme Court will not render its decision for several months, the case has already attracted significant attention.

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Should Your Company Obtain Foreign Patent Protection?

Posted on Mar 5, 2014 in Articles

There are 196 countries in the world, and virtually all of them have intellectual property legislation. In today’s global market, international protection of innovation is a must. For a company to grow, it must protect the use, sale and/or manufacture of its technology. In the absence of such protection, technology is copied without permission, and the organizations that invested heavily to develop that technology fail to receive a return on their investment. Thus, if your business is based on proprietary technology, protection of that technology in foreign countries is extremely important.

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The Importance of Determining Whether a Patent Has Value

Posted on Jan 29, 2014 in Articles

In the TV show “Shark Tank,” a business owner stands before five potential investors (the sharks) and asks them to invest in a business in exchange for a percentage of the equity. Invariably the conversation turns to patents. “Do you have a patent on your idea?” the sharks ask. “Yes,” replies the business owner. With that final nugget of information, the sharks may offer $50,000, $100,000, or even more, in return for partial ownership in the company.

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Is There a Solution to the Software Patent Crisis?

Posted on Nov 6, 2013 in Articles

One hundred and seventy-one—that is the number of patent lawsuits that have been filed against Apple since the beginning of 2009. While Apple was sued for patent infringement more than any other company over the last four years, others are not far behind. Since 2009, Hewlett-Packard has been sued for infringement 137 times, Samsung has been sued for infringement 133 times, and AT&T has been sued for infringement 127 times.

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