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News and expert analysis on IP developments from the courts to the USPTO.
By Lawrence E. Ashery | September 26, 2017
Everyday business communication is hard enough. With all of the subtleties and nuances of language, the message received by an individual may not match what was intended. But with patent claims, the need for definiteness is far greater. Convince the Patent Office to allow your patent claim with understandable meaning, and the resulting patent may (emphasis "may") have value.
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By Scott Graham | September 26, 2017
According to his financial disclosure form, the IP litigator will take a multimillion-dollar pay cut if confirmed as President Donald Trump's nominee to head the U.S. Patent and Trademark Office.
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By Jennifer Williams-Alvarez | September 25, 2017
Velcro is the latest company to adopt a rather unconventional approach to protecting trademarks.
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By Adam C. Rogoff, Erica D. Klein and Marsha Sukach | September 25, 2017
Various debt-burdened retailers are looking to their intellectual property assets as a source of untapped value for refinancing transactions. While it remains to be seen which strategies will be most successful, IP assets will play a key role in future retail restructurings. As the value of brick-and-mortar "hard" assets stores becomes tapped out, a retailer's brands, licenses, and associated IP rights may present reliable sources of value.
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Delaware Business Court Insider
By Scott Graham | September 22, 2017
U.S. District Judge Leonard Stark in Delaware ruled Friday that Gilead's conduct didn't warrant enhanced damages for willful infringement in a patent fight with Merck subsidiary Idenix.
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By Robert C. Scheinfeld | September 22, 2017
In his Patent and Trademark Law column, Robert C. Scheinfeld writes: Many patent attorneys, having backgrounds in the hard sciences, can appreciate repeatable tests and bright-line rules. Patent law, however, is rarely clean. The Federal Circuit has illustrated this with a number of split decisions issued over the past few months.
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By Scott Graham | September 22, 2017
Trenton Ward became an administrative judge on the Patent Trial and Appeal Board just as it was emerging as a venue for patent validity challenges. Five years later, he's returning to private practice as a partner at Finnegan, Henderson, Farabow, Garrett & Dunner.
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By Scott Graham | September 21, 2017
The decision interpreting the Supreme Court's TC Heartland ruling will be cheered by tech companies and make it harder for patent suits to stick in the Eastern District of Texas.
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By newyorklawjournal | New York Law Journal | September 19, 2017
Defendant Obligated to Pay Contract Where Agreement Created No Condition Precedent
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By newyorklawjournal | New York Law Journal | September 19, 2017
Factual Dispute Over Plaintiff's Standing and License Preclude Summary Judgment
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