Solid IP protection requires focus on the fundamentals

“Star Trek” fans appreciate the dangers of being a red shirt. In that universe, ship security personnel wear red and crewmembers in that color are the most likely to die on away missions. The trope has spurred a whole collection of paranoia jokes? Security and paranoia seem to go hand in hand. And some security […]

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‘Safe harbors’ limit IP liability for online providers if …

Twenty years ago, the United States joined a caravan of nations entering the internet age. It did this by passing the Digital Millennium Copyright Act (DMCA). Depending on what role you play in the online world, this law may be the bane of your existence or a godsend for securing intellectual property rights within the […]

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What’s Rule 11, and why should I care?

Time is money and the purpose of business is not to waste either commodity. Because it can cost money, courts don’t like to waste time either, which is why Rule 11 of the Federal Rules of Civil Procedure exists. That rule requires that before filing any civil action plaintiffs must be sure they have legitimate basis for […]

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PTAB adopts new claims construction review standard

Love it or hate it, inter partes review (IPR) is now a judicially endorsed fixture in the Patent Trial and Appeal Board’s (PTAB) toolbox. We wrote about this in the first September post on this blog, noting that the U.S. Supreme Court upheld the constitutionality of this administrative form of review in resolving disputes over the […]

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You have technology rights. Do you have a monetization plan?

Having a patented technology is a significant intangible asset that can have a lot of potential value. Realizing that value in the form of actual revenue is a different story. Strategic thinking that leads to an overall plan for managing intellectual property is essential. And part of that plan needs to be a determination of […]

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What conditions suggest the need for local counsel?

Just because your business is in one location does not mean that all legal disputes you confront will take place in that jurisdiction. We live in a global economy and the potential of legal action can come from anywhere in the world. If a dispute reaches the stage of a suit, the venue might not […]

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Generic drug companies are embracing inter partes review

Branded drug companies release new drugs protected by composition of matter patents for the active ingredients in their products. Some of these patents are based on unique findings and can hold up for two decades. Down the road, companies may choose to file for supplementary patents to protect newly found formulas or methods of manufacturing. […]

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What will it take to reach California’s ‘carbon-free’ goal?

The world is now abuzz in the wake of Gov. Jerry Brown’s signing of a law that sets California on a track to achieve the goal of being a fossil fuel-free state by 2045. Since taking that action, there have been calls from some quarters that China now needs to step up its game in […]

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Why an IP strategy can be invaluable to your business

When you start a business, you have myriad responsibilities to manage. You need to take charge of all the basics to get your company up and running: developing a business plan, registering your company, purchasing property, hiring staff and marketing your services. In addition, you also need to take steps to protect your company from […]

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Humor may belie the seriousness of trademark infringement

We’re sure you are familiar with the quote, “Imitation is the sincerest form of flattery.” Depending on the circumstances it can be that. However, in the commercial sphere, imitation can be risky business. Intellectual property claims make this so. If you have gone to the trouble of patenting your idea or trademarking a symbol, name, […]

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