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Oct 01, 2021

Mind Your Jury Instructions and Get a Second Set of Eyes to Review Them before Your Counsel Submits Them to the Other Side of the Court

The recent decision in SRI International, Inc. v. Cisco Systems, Inc. is another in a line of cases involving the federal court’s handling of the issues of willful infringement and enhanced damages, but it is actually a case about how parties handle the language in their jury instructions. » Read More

Aug 06, 2021

Capturing All the Dimensions: Intellectual Property Protection for 3-D Designs and 3-D Printing Methods

Three-dimensional (“3-D”) printing is an innovative way to make products without the expense of machinery in factories. At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. » Read More

Jul 02, 2021

Challenging the Validity of a Patent: The Supreme Court Minerva Decision

The Supreme Court of the United States recently held in the case of Minerva Surgical, Incorporated v. Hologic, Incorporated that the doctrine of assignor estoppel (a rule that prevents people who assign their patents to a company from then challenging the validity of their patent) is alive and well, but subject to certain important exceptions. » Read More

May 21, 2021

Patents and Trade Secrets – to Disclose or Conceal?

United States law offers four types of protection for intellectual property, namely patents, trademarks, copyrights, and trade secrets. Only two of these, patents and trade secrets, can grant you the protection of ideas. Besides this superficial similarity, patents and trade secrets are different, both in the kinds of ideas they can protect and in the responsibilities of the owner of the patent or trade secret. » Read More

Mar 12, 2021

Patenting Recipes – Recipe for Disaster or Sweet Reward

According to the U.S. patenting courts, “new recipes or formulas for cooking food which involve the addition or elimination of common ingredients, or for treating them in ways which differ from the former practice, do not amount to invention merely because … no one else ever did the particular thing upon which the applicant asserts his right to a patent.”  » Read More

Mar 12, 2021

Patenting Recipes – Recipe for Disaster or Sweet Reward

According to the U.S. patenting courts, “new recipes or formulas for cooking food which involve the addition or elimination of common ingredients, or for treating them in ways which differ from the former practice, do not amount to invention merely because … no one else ever did the particular thing upon which the applicant asserts his right to a patent.” » Read More

Feb 12, 2021

Common Issues in Patent and Trademark Litigation

Utility patents protect ideas and inventions, design patents protect the ornamental aspects of a product, and trademarks protect the exclusive consumer association with your company that your brands, logos, or designs evoke. Despite the differences in these types of intellectual property (“IP”), lawsuits involving patents and trademarks have striking similarities and crucial differences. » Read More