Lane Powell PC - Intellectual Property Law Blog

Concerned (or not) that the same three-judge panel makes the IPR institution decision and conducts the trial? The USPTO wants to hear from you.

On Tuesday, August 25, the United States Patent and Trademark Office (USPTO) opened for public comment a proposed pilot program for inter-partes review proceedings (IPRs), one of the patent post-grant review proceedings made…more
| Civil Procedure, Intellectual Property

The Dot-com Era Is Over, Welcome to .Anything

For both new and existing businesses, new generic top-level domains (gTLDs) offer increased flexibility and opportunities for an expanded online presence. A gTLD is the part of a web address that comes after the “dot” (“.”)…more
| Intellectual Property, Science, Computers, & Technology

Do-It-Yourself Trademarks — Part II

In a recent blog post, we talked about how it is possible in the U.S. to file a trademark application on your own, and why it may not be such a good idea. Besides having a working knowledge of classes of goods and services,…more
| Intellectual Property

A Flurry of PTAB Activity

Since the passing of the America Invents Act, a number of already issued patents have come under new scrutiny through various post-grant procedures. One of the more prominent post-grant procedures is the Inter Partes Review…more
| Civil Procedure, Intellectual Property

The Dire Consequences of Misleading Patent Examiners and the Court During Patent Prosecution and Litigation

As the summer winds down, vacations recede in the rear-view mirrors, and the “school” year begins, two recent cases offer a refresher course in the dire consequences awaiting inventors who misrepresent prior art during patent…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Credibility Challenges Posed by the Eccentric Inventor Witness

Eccentric inventors can be their own worst enemies at depositions and on the witness stand at trial. General Electric Co. v. Wilkins (Fed. Cir., May 8, 2014) is a recent case on point. The General Electric case involved a…more
| Civil Procedure, Intellectual Property

Start-Up Like a Marathoner

It’s a marathon – not a sprint. Entrepreneurs working on starting-up hear this mantra all the time. What does it really mean? The mantra speaks to the strategy most marathoners take on race day: start slow, come up to a…more
| Commercial Law & Contracts

Patent Holders Beware in America Invents Act Review Proceedings

The impact of the new post-grant review provisions of the America Invents Act (“AIA”) are beginning to be felt. The U.S. Patent and Trademark Office (“USPTO”) recently issued an opinion invalidating key claims of a patent in an…more
| Civil Procedure, Intellectual Property

Developing a Patent Infringement Risk-Assessment Strategy - How to plan for being accused of infringement

Given the growing prominence of patent-litigation-related stories in the media, it is not surprising one of the first questions new or prospective clients ask is some variation of “How can I tell if my new product infringes…more
| Intellectual Property

A Key Obstacle to Implementing a Patent Strategy and One Way to Overcome It

Many articles have been written that discuss the importance of having a “patent strategy” and why investing in a patenting effort may have substantial value for a company. These articles also discuss why a driver for such a…more
| Intellectual Property, Science, Computers, & Technology

New Generic Top-Level Domain Names (“gTLDs”) Opening for Business

The first set of new generic top-level domain names (“gTLDs”) are opening for business this month. A gTLD is the part of a domain name that comes after the “dot” (“.”). Currently, there are 22 gTLDs including .com, .org and…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology

The All-Important Patent Portfolio - How patents can protect your business and help it grow

Whether a company has existed for a hundred years or is just starting out, patents can be a core strategic asset. Patents are a barrier to entry for competitors. For established companies, patents protect product lines from…more
| Commercial Law & Contracts, Intellectual Property

In re Beineke: Cultivating the Legal Boundary Between the Exploring and Patenting of Plant Life

Plant breeders and plant explorers once captivated the imagination as our true American heroes in the late 19th and early 20th century. Luther Burbank, our country’s most famous plant breeder, became known as the “Edison…more
| Intellectual Property

Croatia to Join the European Union — A Bonus for Community Trademark Owners

On July 1, Croatia is scheduled to join the 27 other jurisdictions that make up the European Union (“EU”). For the owners of Community Trademark (“CTM”) applications and registrations, their existing CTM filings will be…more
| Intellectual Property, International Law & Trade

Trademark Owners Alert: An Anything but ‘Free’ Free for All

The new generic top-level domains (“gTLDs”) are coming, and it is time for trademark owners to review their online strategies. Over the last several months, Internet Corporation for Assigned Names and Numbers (“ICANN”) has been…more
| Communications & Media Law, Intellectual Property, Science, Computers, & Technology
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