Obtaining a patent is one thing. Protecting the rights after assignment of a patent is another. Each are separate activities. The process in the first instance is patent prosecution. The functions associated with the second focus on defending a patent against infringement and fall under litigation, as do those associated with challenging the validity of […]
Month: January 2019
Options for invoking assignor estoppel in IPR
The bifurcation of legal processes related to intellectual property prosecution can be frustrating. This was highlighted in a post late last year. It reported on a decision by the U.S. Court of Appeals for the Federal Circuit in which the panel said that a doctrine that prevents inventors granted a patent from later challenging the validity […]
Standing can be a defining element in an IP case appeal
One aspect of inter partes review (IPR) that has been a source of major contention is that it is an administrative judicial process that operates separately from the normal processes of the U.S. legal system. But, as we noted in an earlier post, the U.S. Supreme Court has ruled it doesn’t violate the Constitution. Another element […]
Think about protecting it before selling it
Intellectual property lawyers see this issue often: people neglect to think about protecting their product before marketing it. Let’s say your company created an innovative energy efficient product. Management and engineers are excited to spread the word. You and your colleagues attend a trade show and overindulge details about your new product to fellow industry innovators. This […]
Rock world trademark fight offers lesson for those in other areas
The rock band Boston has been around for decades. Over those years, the band has racked up a lot of name recognition. And every musician who has ever played with the group has likely sought to capitalize in some way or another on that association. Intellectual property rights held in the form of copyrights, trademarks […]
‘Open innovation’ era calls for solid IP licensing strategies
The term “open innovation” is not new to anyone in the technology sector. It reflects an attitude shared by many that traditional strategies related to intellectual property management don’t always hold the water they once did. There is still a place for secrecy. Just ask Apple if you doubt that. But open innovation embraces the […]
