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Patent Infringement: Money Ain’t “Sic” Everything

Patent Infringement When hiring an attorney, another important issue for many clients is potential remedies.  When a patent holder believes a competitor is wrongly infringing on its patent, they may wonder exactly what remedies are available, particularly if their own business is being harmed by the infringing use.  Positively, the prevailing patent holder in a […]

Patent Searching Basics

As patent attorneys, we have access to subscription-based services that allow us to perform very refined searches of the U.S. Patent and Trademark Office’s (USPTO’s) patent database. Moreover, we also utilize the services of professional patent search agents, many of whom use the same computerized search system that the patent examiners use. One or both […]

Speedy Patent Results Are Rarely Possible

Quick Patents When hiring an attorney, one important issue for many new clients is speed.  Whether it be a competitor infringing on a registered trademark, or a potential patent application on a new technology, many clients want it as soon as possible. Unfortunately, regardless of the venue, the law is rarely fast.  Indeed, a paradigm […]

No Fair Final Decision for the Patent Owner

Patent Litigation Double Jeopardy Case Study Many people are familiar with the legal concept of double jeopardy (or perhaps at least the Ashley Judd movie that shares the same name).  This is the idea built into our criminal legal system mandating that defendants cannot be tried twice for substantively the same crime.  A similar concept […]

Patent Laches

The Defense If you are a small business owner, and have a reasonable belief that you may be infringing an issued patent, it is not uncommon, albeit not advisable, to plant the proverbial head in the sand. The hiring of a patent attorney for defense of a patent infringement claim can be an expensive undertaking for […]

Refill Your Toner Cartridges In The Warm Glow Of Freedom

The Litigation Overview In what has become a biannual tradition, the Supreme Court of the United States reversed a United States Court of Appeals for the Federal Circuit decision in the near unanimous Impression Products, Inc. v. Lexmark Int’l, Inc. decision (Justice Ginsburg dissented-in-part).  The decision was premised on the patent exhaustion doctrine.  The patent exhaustion doctrine […]

How to Protect Your Tech Before Funding

Innovation Protection We all know that talk is cheap. Unfortunately, most of the activities associated with starting and growing your small business are not. Patent protection is no exception. As such, it can be a struggle for new businesses to fund a patent program early on before the business is “mature” enough to obtain funding from […]

Pitfalls of Provisional Patent Applications

In one of our prior post (“How to Protect Your Tech Before Funding”), we discussed how a provisional patent filing strategy, when done properly, is a powerful tool to protect the key technology of a small business before receiving venture capital or other funding.  So, what about taking this strategy to its cost-cutting extreme, i.e., […]

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