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Recent Posts
June 20, 2024
Trademark Rights and Freedom of Speech: Unpacking the Supreme Court’s Ruling in Vidal v. Elster
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June 27th, 2018
Two Bites at the Same Apple: Trademark Letters of Protest and Opposition Proceedings
In the world of trademark registration, an opposition proceeding is triggered when a party seeking to prevent the registration of…
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June 20th, 2018
Non-Obvious by Design: Addressing Design Choice Rejections at the USPTO
The dream of many inventors is that their ideas and creations will receive immediate recognition as new and groundbreaking. How…
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June 11th, 2018
Considering the Benefits of a Benefit Limited Liability Company
Last month, Utah became one of a handful of states to offer benefit limited liability companies. Effective on May 8,…
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June 4th, 2018
Apple v. Samsung – Are Components Worth More than the Whole?
In a much-awaited decision, on Thursday, May 24, 2018, a jury in the Northern District of California awarded Apple $539…
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May 24th, 2018
Copyright Term: When Does a Work Enter the Public Domain?
Years ago, there was a radio show that featured a lawyer who would take calls from listeners and answer their…
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May 21st, 2018
Will There Be Fewer IPRs Moving Forward?: A Review of SAS Institute Inc. v. Iancu
Recently, the Supreme Court handed down its decision in SAS Institute Inc. v. Iancu, 584 U.S. ____ 2018). (https://www.supremecourt.gov/opinions/17pdf/16-969_f2qg.pdf). In…
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May 15th, 2018
The Supreme Court Rules that Patents are a “Public Right”: A Review of Oil States v. Greene’s Energy Group
Just recently, the Supreme Court handed down its decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC,…
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April 24th, 2018
Is Alice Coming Home From Wonderland? Finally Finding Direction in the Fairy Tale of 101 Jurisprudence
In its 2014 decision, Alice v. CLS Bank, the Supreme Court dramatically reshaped the application of 35 U.S.C. § 101,…
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April 17th, 2018
Shoulda, Coulda, Woulda…A Combination is Not Obvious Simply Because it Could Have Been Made
At one time or another, most practitioners have probably been faced with the contention by an Examiner that a claimed…
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April 12th, 2018
In Re: Power Integrations, Inc.
The broadest reasonable interpretation of a claim term cannot be uncoupled from the specification or render the term meaningless in…
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April 3rd, 2018
Hashtags vs. Trademarks – Does it Really Matter?
The use of social media is soaring, and people are increasingly using #hashtags. As most people know, a hashtag is…
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March 26th, 2018
Pitfalls to Be Aware of When Working with Inventions Funded Through Government Grants
Sometimes a client’s technology is funded by a government grant, e.g., through a federal agency. Complex provisions governing ownership, disclosure,…
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March 21st, 2018
On the Fundraising Circuit? NDAs are a Bad Idea; Do This Instead.
I find that a lot of inexperienced entrepreneurs are concerned (borderline paranoid) about somebody stealing their idea. At some point,…
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March 12th, 2018
Finjan Your Claims to Patent Eligibility
On January 10, 2018 the Federal Circuit (hereinafter the ‘Court’) released its decision in Finjan v. Blue Coat Systems, Inc.…
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March 6th, 2018
The “Quick & Dirty” Provisional – And Other Mythical Creatures
Frequently, after discussing the potential costs associated with pursuing patent protection, a potential new client will ask: “Can’t we just…
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