New York Law Journal | Analysis
By Marisa Rauchway and Joseph V. Saphia | December 12, 2023
Manufacturers, distributors, patent holders, consultants, retailers and others similarly situated often find themselves in business relationships that may trigger the broad reach of franchise laws. Indeed, those businesses who operate in New York would be wise to be particularly careful in light of New York's exceptionally broad statutory language.
By Rob Maier | July 25, 2023
A recent decision from the U.S. Court of Appeals for the Federal Circuit provides guidance on a fundamental issue of patent law commonly faced by patent prosecutors and litigators alike: who can be an inventor, and what kind of contribution is required for inventorship under the law?
New York Law Journal | Analysis
By Zachary D. Cleary, Jose J. Jimenez and Taryn A. Elliott | July 14, 2023
The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.
New York Law Journal | Analysis
By Catherine Nyarady and Crystal Parker | July 11, 2023
Many inventions build on or combine previously known elements, requiring the Patent Office and courts to determine which combinations of, or improvement on, previously known elements are entitled to protection. In doing so, whether or not the claimed invention is patentable often involves asking whether the invention provides unexpected results.
New York Law Journal | Analysis
By Rob Maier | May 23, 2023
The USPTO recently released proposed rulemaking that would address concerns raised by critics, and which are targeted at increasing predictability in PTAB proceedings.
New York Law Journal | Analysis
By Charles Weiss | March 27, 2023
This column explores the use of in limine motions in patent litigation, beginning with commonly seen motions that fit comfortably into the traditional role of raising evidentiary issues before surveying the landscape of those extending beyond what used to be considered as conventional.
New York Law Journal | Analysis
By Rob Maier | March 21, 2023
In an increasingly software-based world, companies should be mindful of challenges, and best position themselves to raise—as needed—this Section 273 defense.
By Dan Roe | March 10, 2023
The 572-lawyer firm hired 16 lateral partners and replenished its associate ranks in a year when gross revenue rose 4%.
By Andrew H. Berks | March 10, 2023
Patents are the engine of the US economy and valuable assets to the companies who hold them. But patents don't last forever. Andrew Berks, partner at Gallet Dreyer & Berkey, discusses how patent lengths are determined as well as maintenance and extensions.
By Dan Roe | March 3, 2023
The intellectual property-focused firm boosted gross revenue and equity partner profits by roughly 10% in 2022.
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