A general overview of patent litigation

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 […]

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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 […]

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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 […]

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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 […]

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‘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 […]

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They say AI’s the future, but IP questions are surfacing now

Computer-implemented inventions (CII), artificial intelligence (AI), machine learning (ML) are all elements of modern creative endeavor. While many talk about these tools and the possibilities they represent for the future, those who work in intellectual property law know that they are playing important roles in the world now, speeding up the pace of technological advancements. […]

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