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The Federal Circuit Needs More Patent Attorneys

August, 31st, 2021

By Stephen Ball A decision earlier this summer underscores ongoing problems with patent law jurisprudence at the United States Court of Appeals for the Federal Circuit (“Federal Circuit”). In Yu v Apple, the Federal Circuit invalidated [Read More…]

Grow Your Patent Portfolio with Vertical Farming

August, 9th, 2021

By Ryan Newell The agriculture industry is undergoing rapid and revolutionary changes. Inventors should take notice. The traditional farming system is threatened by accelerating water shortages and an ever-growing population. To sustain everyone, it must [Read More…]

Efficient Patent Litigation Through Smart Claim Construction Strategies

September, 1st, 2020

By Stephen F.W. Ball and Benjamin N. Luehrs   You might think litigation, especially complex litigation like patent litigation, decreases in times of economic turbulence. History shows the opposite. This is somewhat intuitive because, in [Read More…]

COVID-19 Has Changed the Litigation Landscape and Will Lead to Cost Savings to Litigants

May, 29th, 2020

By Christopher J. Stankus COVID-19 has brought numerous changes to the legal industry’s approach to working remotely. Some changes have been ordered by the courts, while others have been instituted by practitioners. Some of these [Read More…]

Federal Circuit Decides Apple’s Invalidity Challenges Were Properly Litigated; Are Precluded

December, 31st, 2019

By William L. Birks III The Federal Circuit recently decided that Apple was precluded from pressing its proposed invalidity challenges on the basis of issue preclusion and previous litigation between Apple and VirnetX. VirnetX Inc. [Read More…]

Continuation Applications Should be Part of Your Patent Strategy

September, 25th, 2019

By Stephen F.W. Ball, Jr. One of the easiest and most strategic ways to build up a patent portfolio is using continuation applications. A continuation application is a “child” application filed during the pendency of [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…]

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…]

Stop Infringers At The Border

April, 18th, 2019

By Christopher J. Stankus Section 337 Investigations at the International Trade Commission (“ITC”) can be a vital weapon for patent owners to protect their U.S. intellectual property against infringing imports. Section 337 Investigations are resolved [Read More…]

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