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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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David Tener to Lecture on Omega-3 Supplements

Posted on Jan 15, 2014 in Events

The firm’s managing partner, David Tener, will be lecturing on patents relating to Omega-3 fatty acid supplements at the GOED Conference in Salt Lake City, Utah on February 6, 2014.

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D.C. Appellate Court Invalidates FCC’s Net Neutrality Rules

Posted on Jan 14, 2014 in Blog

Today, the United States Court of Appeals for the District of Columbia Circuit invalidated the FCC’s net neutrality rules.

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USPTO Adjusts Fee Schedule

Posted on Jan 1, 2014 in Blog

The USPTO adjusted many of its fees today. While certain fees were increased, others were reduced, such as patent issue fees, or eliminated, such as patent publication fees and electronic assignment recordation fees.

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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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The Current State of Software Applications and Patents

Posted on Sep 4, 2013 in Articles

Twenty-four years ago, I wrote my first software patent application, “Debugging Parallel Programs by Serialization.” A little more than two years after filing the application, the patent issued with claims that lacked mention of any structural component of a computer. In fact, the closest the first claim came to a tangible result was the step of “displaying information.” The software patent attracted little attention during its lifespan and expired unnoticed.

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The Need to Provide Understandable Patent Claims

Posted on Jul 3, 2013 in Articles

You might think that “understandable patent claims” is an oxymoron. Patents are usually very challenging to read. The technology described may be difficult to understand, and the claims read like nothing else in the English language. Understanding a well-written claim can be hard. Understanding a poorly written claim might be nearly impossible.

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