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Patents: A Way to Attack, Defend, and Diplomacy

June, 27th, 2019

By Stephen F.W. Ball, Jr. and Jacob J. Alexander In recent years the number and use of patents has grown exponentially. There were nearly 4 times as many patent applications filled in 2013 than in [Read More…]

Only Litigators Should Draft Patents (part 2 of 2)

June, 20th, 2019

By Wesley W. Whitmyer, Jr. Not every person is a match for every job.  Patents are expensive and complicated legal documents. No less authority than the US Supreme Court noted long ago that “[t]he specification [Read More…]

Damages Are Not Always Limited to Infringing Products

June, 19th, 2019

By William L Birks III In a patent infringement suit, plaintiffs often seek damages for lost sales of infringing products. While this is the most obvious source of recovery, opportunities for larger damage rewards may [Read More…]

“Highly” Patentable Subject Matter II: Colorado Court Rules Human Modified CBD Passes Alice Test

June, 11th, 2019

By Mackenzie L. Long On July 30, 2018 United Cannabis Corporation (“UCANN”) sued Pure Hemp Collective Inc. (“Pure Hemp”) for infringement of UCANN’s patent, U.S. Patent No. 9,730,911 (the “’911 patent”). The ’911 patent is [Read More…]

Only Litigators Should Draft Patents (part 1 of 2)

June, 6th, 2019

By Wesley W. Whitmyer, Jr. Not every person is a match for every job.  Patents are expensive and complicated legal documents. No less authority than the US Supreme Court noted long ago that “[t]he specification [Read More…]

Patents and Trademarks Don’t Mix

May, 29th, 2019

By Wesley W. Whitmyer, Jr. The “IP” craze in naming law firms and professional associations blurs the lines between different types of intellectual property.  Patents and trademarks, in particular, are lumped together without regard to [Read More…]

My Patent License Says What?

May, 16th, 2019

By: Benjamin N. Luehrs Generic forum selection clauses in patent license agreements can prevent licensees from trying to invalidate licensed patents at the United States Patent and Trademark Office (USPTO). A recent Federal Circuit Opinion, [Read More…]

Tech and Telecom Giants Take the Lead in the Self-Driving Vehicle Patent Race

May, 13th, 2019

By Patrick D. Duplessis These days it seems almost every article or news report about self-driving vehicles (SDVs) includes the prophecy that the automobile will soon resemble a “smartphone on wheels.”  That oft-repeated phrase alludes [Read More…]

Federal Circuit Guidance on Trademark Webpage Specimens

May, 7th, 2019

By Walter B. Welsh A webpage qualifies as use in commerce if it is a point-of-sale. A recent precedential decision, In re Siny Corp., provides guidance on what constitutes a point-of-sale. This article discusses that [Read More…]

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