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News and expert analysis on IP developments from the courts to the USPTO.
By Scott Slavick | March 25, 2014
Dont forget the priority of priority. Likelihood of confusion might be more sexy and glamorous but style points aren't the entire substance of victory: You need both to stop a potential infringer.
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By Jeffrey C. Johnson | March 25, 2014
Unless payment of a purchase price is otherwise guaranteed, patent sellers need to consider, and in most instances insist on obtaining, a security interest in the patents being sold.
1 minute read
By Juliana Kenny | March 19, 2014
In short, the patent troll usually ends up forcing the smaller company to license its patents rather than empty its pockets to fight for its own IP rights in court. Wisconsins Senate Bill 498 contains provisions that attempt to curb this activity.
1 minute read
By Cyrus Morton, David Prange | March 19, 2014
The scary initial conclusion is that if the Board can find the limitations of your claim anywhere in the prior art, they will put it all together and invalidate the claim.
1 minute read
By David E. Mixon, David Vance Lucas | March 18, 2014
Any well managed IP portfolio and strategy should include an assessment of IP threats, including litigation and business risks. Only by identifying these risks proactively can companies truly protect and leverage their valuable IP assets.
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By Kurt Wedel | March 18, 2014
While there are still those who would argue that paper-light is a myth, there are many attorneys and other IP professionals who have made, or are making, it a profitable and enjoyable reality.
1 minute read
By Sandip H. Patel | March 18, 2014
The Courts review of the Cybor standard may well be inevitable in view of the Federal Circuits recently articulated division over the propriety of that standard.
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By Rich Steeves | March 17, 2014
But, like those pesky kernels at the bottom of the bucket that wont go away, Popcorn Time may still linger. Developers from movie torrent site YTS have indicated that they might take on the Popcorn Time project.
1 minute read
By Stefanie Mosca | March 17, 2014
The Patent Trial and Appeal Board is small but powerful authority that allows a facing a lawsuit to challenge whether the patent should have been issued in the first place.
1 minute read
By Amanda Ciccatelli | March 14, 2014
As of late, the DMCA has been referred to as "the third rail of IP politics," due to the controversy it attracts. But, the balance that Congress struck in 1998 places compliance burdens on service providers and provides both with benefits.
1 minute read
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