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August 09, 2004 |

A Defining Moment for Patent Law

What's in a name? If you're referring to a term in a patent application, it could mean everything. An in-depth look at Phillips v. AWH Corp., a case in which the full, 12-member Federal Circuit will take up the issue of how to define terms in a patent application.
5 minute read
June 23, 2008 |

New patent appeal rules draw fire

Patent lawyers are none too happy with the U.S. Patent and Trademark Office's new rules for appeals. Critics charge that the new rules impose vague sanctions standards that give the office's appeals board too much power. The new rules governing ex parte appeals before the USPTO's Board of Patent Appeals and Interferences were published on June 10 and are effective on Dec. 10. Dozens of lawyers and inventors, law firms and companies have panned the new rules for what they claim are nebulous sanctions language and a hyper-technical focus on form over substance that will raise the cost of appealing patent office decisions.
5 minute read
June 23, 2008 |

New Patent Appeal Rules Draw Fire

Many patent attorneys are not happy with the U.S. Patent Office's new rules for patent appeals. The Patent Office says the rules are designed to streamline the process.
5 minute read
August 16, 2004 |

Court mulls way to interpret patent terms

Interpreting a patent seems simple enough�in theory. But opposing parties have often spent millions of dollars fighting over the meaning of specific terms in patent claims. And conflicting court decisions, practitioners say, have done nothing but spur and encourage the disputes.
7 minute read
January 02, 2006 |

Defending corporate speech

Profile of James C. Carter, vice president, general counsel and chief legal officer of Nike, Inc.
5 minute read
September 01, 2010 |

Practice Tools

5 minute read
February 12, 2007 |

What Do Legally Unlocked Cell Phones Mean for the Consumer?

Like everything else in the practice of law, the devil is always in the details. And the recent exemptions to the Digital Millennium Copyright Act allowing consumers to legally circumvent software locks in cell phones are no different. Timothy C. Meece and Aseet Patel of Banner & Witcoff discuss the changes, looking at whether unlocking cell phones is realistic for the average consumer, and how the exemption could change the ways in which network providers recruit and retain customers.
5 minute read
September 24, 2008 |

'Egyptian Goddess' Sets IP Standard

The Federal Circuit ruled that the "ordinary observer" test, as opposed to "point of novelty," should be at the root of design patent infringement analysis.
3 minute read
March 06, 2006 |

Let the Patent Continuations Go On

Proposed rules by the Patent and Trademark Office to cut down on continuations would decrease in investment, innovation and commercialization of inventions.
4 minute read

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