Intellectual Property RIP Past Participles C. Edward Good The past participle is dying a slow death. Why? Because many people have forgotten—or never learned—the “principal parts” of verbs. The author reminds attorneys of this neglected part of speech.
Intellectual Property Millennium Pharmaceuticals v. Sandoz: When Inherency Does Not Mean Obvious Jennifer T. Nguyen and Preston K. Ratliff II Through Millennium, the Federal Circuit has shown that a natural result of an arguably known and/or obvious process may not necessarily be inherently obvious and unpatentable.
Patents All Patents Are Not Created Equal: Sovereign Immunity By Vern Norviel, Charles Andres, and Xiaozhen “Shawn” Yu Recent PTAB decisions may open the door for patent owners to insulate their patents against USPTO IPR proceedings under sovereign immunity.
Intellectual Property To Create and Own a Nontraditional Trademark, Just Follow Tradition Robert D. Litowitz and Linda K. McLeod Trademarks protect more than words and logos. Anything that identifies a product's source including colors, scents, sounds, touch, and motion may qualify for protection.
Intellectual Property Ten Years after KSR, Motivation to Combine Moves Back into the Spotlight Chao Gao and Peter M. Jay Ten years after KSR, the CAFC has provided practical reminders that a proper motivation analysis is essential to a well-reasoned conclusion of obviousness.
Intellectual Property Strategic Predictions: Leveraging Art Unit Allowance Rates to Drive the Selection of Appeal Decision Makers Sameer Vadera and Kate S. Gaudry Appeal-entry decisions are often burdensome. While a significant portion of appellants quickly exit the appeal cycle with positive results, most appellants remain in the cycle with large time and money investments. An optimized strategy for navigating appeal-entry decisions would greatly benefit applicants. The empirically supported strategies discussed in this article show that data analytics in prosecution can make an easy solution out of a large problem.
Intellectual Property IP Attachés: Providing Services around the World to IP Practitioners and Their Clients Dominic Keating The United States Patent and Trademark Office’s intellectual property (IP) attachés serve as a valuable resource to legal practitioners and their clients through their advocacy with foreign governments, as well as through providing information and counseling domestically.
Intellectual Property Pardon My French: Trademarks in Commercial Advertising in Québec in Light of the Recent Amendments to the Regulations under the Charter of the French Language François Larose Amendments to Québec’s language laws impose a new “sufficient presence of French” requirement for store-front signage when trademarks are in a language other than French.
Intellectual Property Patenting the Future of Medicine: The Intersection of Patent Law and Artificial Intelligence in Medicine Susan Y. Tull Artificial intelligence is transforming the world of medicine and patent law must keep pace. This article examines patentability, inventorship, and ownership issues surrounding medical AI.
Intellectual Property The APA in PTAB Proceedings: Notice and an Opportunity to Be Heard Daniel Zeilberger and Michael Wolfe The authors provide lessons in holding the Patent Trial and Appeal Board accountable under the Administrative Procedure Act according to recent precedent from the Federal Circuit.
Intellectual Property Navigating through the Obviousness-Type Double Patenting Minefield Amelia Feulner Baur and Elizabeth A. Doherty Obviousness-type double patenting (ODP) is a judge-made doctrine intended to prevent a patentee from unfairly extending its patent term by obtaining different patents for essentially the same invention. This article explores recent Federal Circuit decisions regarding ODP and strategies to avoid ODP land mines.
Intellectual Property Preserving Provisional Rights for Pre-Issuance Patent Damages Brian V. Slater and John P. Dillon This article summarizes recent Federal Circuit interpretation of 35 U.S.C. § 154(d) ("Provisional Rights"), identifies some open issues with the statute, and offers guidance to practitioners on preserving this potentially valuable remedy.
Intellectual Property Perspective: Banging on Doors to Ensure Our IP System Fulfills Its Promise for the Future By Scott F. Partridge Banging on Doors to Ensure Our IP System Fulfills Its Promise for the Future
Intellectual Property An Interview with Ronald D. Coleman, Likelihood of Confusion® Blog By Lindsay B. Allen Ron Coleman is currently a member of Mandelbaum Salsburg PC’s intellectual property and commercial and corporate litigation practice groups. He is a commercial litigator focusing on torts of competition who has shaped the law relating to the use and abuse of intellectual property as a tool of competition and free speech in the last two decades.