Lane Powell PC - Intellectual Property Law & Litigation

During past month when many patent practitioners may have been distracted by the “laws of nature” meaning of the Mayo v. Prometheus decision, the Court of Appeals for the Federal Circuit issued four precedential rulings…more

Can trademarks be used by a competitor as keywords and in ad text? The answers to those questions were discussed in an opinion recently issued by the Court of Appeals for the Fourth Circuit. 2012 U.S. App. LEXIS 7082. In…more

The Supreme Court handed down a unanimous decision that a process that essentially defines how a law of nature works is unpatentable subject matter. The decision overruled a Federal Circuit holding that the claimed process was…more

What happens when a start-up company (Protostorm) retains a sole practitioner to prepare provisional patent applications, another solo lawyer to prepare the corresponding U.S. non-provisional application, and yet another firm to…more

Suppose your doctor measures your body’s response to a medication and then contemplates adjusting your medication accordingly. Did your doctor infringe someone’s patent? Maybe. This spring, the United…more

Over four years have elapsed since the Federal Circuit first held that federal courts possess exclusive jurisdiction over patent legal malpractice claims.  In Immunocept, LLC v. Fulbright & Jaworski, LLP, 504 F.3d…more

Unless your consulting agreements explicitly require your consultants to assign their inventions to you, they have no obligation to do so, and your competitors could end up owning your intellectual property. Dr. Imants…more

The America Invents Act H.R.1249, passed the Senate on September 8, 2011, by an overwhelming vote of 89-9. It is long and complex, and will create significant changes to the U.S. patent system, which will have a wide ranging…more

You have probably heard the buzz, but it is now official. The Internet is growing and brand owners should be aware of the coming changes. On June 20, 2011, the Board of the Internet Corporation for Assigned Names and…more

While it may seem that your business is at capacity dealing with .com, .net, .org, and all the other Web suffixes (also known as “top-level domains”) that are already out there, this year a new Web suffix will be introduced —…more

Back in the 1960s, counting sheep gave way to a lilting commercial ditty as a means for solving the age-old problem of falling asleep: “Take Sominex tonight and sleep, safe and restful sleep, sleep, sleep.” If you took two…more

The Federal Circuit?s recent precedential decision, Warrior Sports, Inc. v. Dickenson Wright, P.L.L.C. (issued on January 11, 2011), demonstrates (once again) the sheer power and ability of the “case-within-in-case” doctrine…more

Most chefs would never think of downloading recipes from the United States Patent and Trademark Office (USPTO) patent database. To quote a Martha Stewart catchphrase, that’s probably “a good thing.” Patentese can collide…more

The recently concluded (and now appealed) Gardner v. Toyota Motor Corporation patent case offers yet another important lesson in the pitfalls of missing case schedule deadlines. These deadlines inundate patent litigation,…more

The Internet is connecting workers, markets, advertisers and contractors from all around the world. We are on Skype, Twitter, LinkedIn and Facebook nearly every day visiting with clients and friends worldwide. One of the most…more