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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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Supreme Court Relaxes Standards for Awarding Attorney’s Fees in Patent Litigation

Posted on May 5, 2014 in Blog

Two recent Supreme Court decisions have changed the standards under which attorney’s fees may be awarded in patent infringement cases.

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Caesar Rivise 2014 Top Ten Best Countries for Foreign Patent Filing

Posted on Apr 24, 2014 in Blog

In the knowledge economy – where just about everything else is fungible – how and where you protect your intellectual property (IP) can mean everything. Selecting where to apply for patents, for instance, is a strategic call that will impact your company for the next 20 years.

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Supreme Court to Evaluate Standard of Review on Appeal of Claim Construction by District Courts

Posted on Apr 1, 2014 in Blog

On Monday, March 31, 2014, the Supreme Court agreed to hear an appeal by Teva Pharmaceuticals USA Inc. over its Copaxone drug which had billions of dollars in sales in 2013. Teva appealed from the Court of Appeals for the Federal Circuit, which invalidated several patents covering Copaxone, a drug for treating multiple sclerosis.

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Supreme Court Affirms that Indirect Competitors Can Allege False Advertising Claims

Posted on Mar 31, 2014 in Blog

The Supreme Court has affirmed that false or misleading advertising claims under the Lanham Act can be brought by plaintiffs other than direct competitors.

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Strategic Management of Intellectual Property Seminar

Posted on Mar 19, 2014 in Events

At the March 18, 2014 Legal Intelligencer In-house Counsel CLE Seminar, CRBCP attorneys presented a class on the Strategic Management of Intellectual Property Portfolios. The focus was on the strategic issues that go into developing portfolio assessment criteria, and using those criteria to identify and communicate the real value of holdings.

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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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Supreme Court Places Burden of Proving Infringement on Patentee

Posted on Feb 11, 2014 in Blog

The U.S. Supreme Court on January 22, 2014 held that when a licensee seeks a declaratory judgment against a patentee that its products do not infringe the licensed patent, the patentee bears the burden of persuasion on the issue of infringement, thereby reversing the Court of Appeals for the Federal Circuit in Medtronic, Inc. v. Mirowski Family Ventures, LLC, U.S., No. 12-1128.

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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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James Kozuch Elected to BALC Board

Posted on Jan 17, 2014 in News

Congratulations to firm partner James Kozuch, who was elected to the Board of Directors for the Bar Association of Lehigh County (BALC) yesterday and will serve a two-year term on BALC’s Board.

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