Apr
08

U.S. Patent Claims: An Introduction for the Patent-Newbie

If you are reading this, then some twist of fate has created a compelling need for you to become acquainted with one of the fundamental concepts in U.S. patent law, namely patent claims. Welcome, patent newbie! For most lay people, patent law is like a giant loaf of dry white toast. And, newbie, you’re about … Continue reading »

Mar
14

Declaratory Judgment Actions in Intellectual Property Cases

When a company is accused of intellectual property infringement, it can respond in several ways. The accused party can agree to the other side’s demands. The accused party can try to negotiate with the other side. The accused party can reject the other side’s demands and adopt a wait-and-see approach. Or, in certain circumstances, the … Continue reading »

Jul
02

Trademark Examiners: A Little Consistency Please!

Every lawyer who prosecutes trademarks knows that old adage that every case has to be considered on its own merits. But what do you do when an Examiner decides that a mark is entirely descriptive, and that decision goes against dozens of other marks on the Principal Register in which the legal basis is indistinguishable? … Continue reading »

Dec
31

Establishing Internal Corporate IP Policies and Patenting Strategies

Effective internal IP policies encourage the development of new and valuable IP assets, ensure that your company is identifying potentially protectable IP it is creating already, assist with determining what IP to protect, and how, on a rational basis, and reduce litigation risks at all stages of development.