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., […]

How to Pick a Good Trademark

What is a Trademark? A trademark is a word, phrase, symbol, or design (or a combination of these elements) that is used to identify the source of a product (“goods” in trademark speak). A service mark is the same thing, but instead it identifies the source of services rather than products. We will refer to […]

Trademark and Corporate Certificate of Status Scams

Today, we are going to talk to you about scams, and how to avoid having your funds deceptively separated from your person or your entity. In particular, we are talking about scam letters or less colorfully, misleading letters from less than reputable companies. Indeed, these companies or the people behind them are trying to steal […]

Obviously Obvious

Requirements for a Patent One of the requirements for patentability is that the claims (i.e., the invention), are not obvious. Based upon somewhat recent case law, the ease by which an Examiner can characterize the claims as obvious has become easier. One such rationale by which an Examiner can characterize your claims as obvious is […]