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
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
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
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
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
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
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
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
As experienced trial lawyers know, successfully trying or defending a case is all about presenting a compelling, understandable theme and narrative that comports with a judge and jury’s common sense and experience…more
Originally published in the Portland Business Journal on February 22, 2013.
Counterfeit sales make up as much as 7 percent of worldwide trade. All told, counterfeiting is a $650 billion industry.
An important function of a business is to create value. This can take the form of value for customers, value for clients or value for investors. One form of value that is often overlooked, or delayed in terms of when it is…more
In 2012 the sale of counterfeit goods is expected to make up nearly 10% of international trade, up from approximately 7% in 2010. Websites selling counterfeit consumer goods attract more than 87 million visitors annually, and…more
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.
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
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