New York Law Journal | Analysis
By David E. Kahen and Elliot Pisem | April 17, 2024
'Acqis Technology v. Commissioner' confirms the continued vitality of the doctrine in the context of an apparent scheme to evade tax with respect to proceeds attributable to the settlement of patent infringement claims.
New York Law Journal | Analysis
By Jeannine Sano, Eric Krause and Denise Plunkett | April 5, 2024
As staid and unfashionable as it might sound, proper grammar, punctuation and word choice still matter because they provide structure and clarity. Lawyers' tools are words, in both writing and oral advocacy. Our existence as litigators depends on our ability to persuade the trier of fact, which depends on our ability to communicate effectively.
New York Law Journal | Analysis
By Derrick Carman | March 22, 2024
The recent case of 'In re Cellect' serves as a warning to patent owners who rely too heavily on the USPTO to completely and accurately examine their patent applications. This article presents patent owners with several options to consider to avoid a fate similar to Cellect.
New York Law Journal | Analysis
By Brittany Penn and Brandon Smith | January 26, 2024
This article reviews some of Director Kathi Vidal of the Patent Trial and Appeal Board's notable 2023 sua sponte director reviews and provides practice tips for PTAB practitioners based on those decisions.
New York Law Journal | Analysis
By Rob Maier | January 23, 2024
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls"—the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits—against filing cases in Delaware going forward.
New York Law Journal | Analysis
By Rob Maier | November 21, 2023
Obviousness is one of the most challenging and amorphous issues in U.S. patent law, and one that all practitioners—litigators and patent prosecutors alike—inevitably confront on a regular basis. Federal Circuit decisions analyzing the issue of obviousness can be complex and, sometimes, seemingly subjective.
By Avalon Zoppo | October 25, 2023
"Where forum shopping leads to forum crowding... that's bad for the docket, that's bad for the litigants, that's bad for the judiciary," said Berkeley Law professor Tejas Narechania.
New York Law Journal | Analysis
By Rob Maier | September 26, 2023
This article covers the decision in 'Volvo Penta of the Americas v. Brunswick' and how it not only reinforces the advantages of drafting patent claims that cover the patentee's own products, but also shines light on the importance of diligently seeking discovery in competitor patent disputes to present evidence regarding secondary considerations of non-obviousness.
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 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.
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