State sovereignty does not protect from Inter Partes Review

When your patent is being challenged through Inter Partes Review (IPR), it can be a difficult situation. After years of work on developing your idea, and investing more time and money into getting a patent, receiving notice that someone is challenging your rights as an owner is frustrating. Developed as part of the America Invents […]

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So you have good genes. Do they belong to you?

Whether you have a flawless complexion or high metabolism, people might say that you have good genes. They may be the reason for your curly hair, freckles or skin color. Every child inherits certain traits from their biological parents. However, if a new intellectual property (IP) amendment becomes law, you may no longer have the […]

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By the numbers: A shifting intellectual property market

The Licensing Executives Society, Inc., recently released the results of the LES High Tech Sector Royalty Rates & Deal Terms Survey. This survey covers the ever-changing world of intellectual property licensing and patents. Data from the survey digs much deeper than what can be found through public sources. Information from this survey and the past […]

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Patent holder finds filing suit can backfire

Protecting the value of a patent is an important part of intellectual property asset management. A lot of strategies for doing this are tried and true, but as we have written about previously, some strategies don’t always work. In the earlier case, the tactic in question involved a pharmaceutical company that sought to extend the security […]

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Patent thickets: an IP reality posing unique challenges

Road Runner cartoon fans know that if Wile E. Coyote pulls out a bucket of glue to capture the elusive bird, things are not going to go well. Whatever happens, the nature of the sticky situation is one that will mean trouble for the canine and elicit laughs from viewers. In the intellectual property realm, […]

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‘Must have’ argument fails to fly in Apple IPR appeal

A common element of patent challenges these days through inter partes review (IPR) is the claim that a patent shouldn’t have been granted in the first place because of obviousness due to prior art. This is a claim that Apple attempted to use in responding to allegations that it had infringed on a patent held […]

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The right NDA is the one that best meets your needs

Nondisclosure agreements (NDAs) are part and parcel of effective intellectual property management. What elements an NDA should include depends on your intent. To be sure you meet your specific needs, you should consult an experienced IP attorney. That said, most experts agree that there are certain provisions every confidentiality agreement should include, and in this post we […]

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A look at arbitration’s role in resolving patent disputes

Few would argue the U.S. legal system is perfect. It is what we have and it is up to us to manage it in ways that achieve optimal justice. In recent years, the concept of arbitration has taken root. The idea being that by removing disputes from courts, resolution becomes more efficient and less costly. […]

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IPR offers benefits to the developing sports technology industry

The sports technology industry is quickly growing, and more companies are finding themselves facing patent lawsuits. Inter partes review, a faster and less expensive alternative to litigation, provides benefits to companies involved in patent disputes. Inter partes review (IPR) is a trial proceeding conducted at the United States Patent and Trademark Office to review the patentability of […]

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Just because you can appeal doesn’t always mean you should

Legal processes in the United States tend to offer a lot of opportunities to try to reverse a decision if one doesn’t go the way you prefer. Litigating challenges of patents is no exception. However, as we have written about previously, just because the option of an appeal is available doesn’t necessarily mean that it […]

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