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Federal Circuit Inventorship Decision Literally Saves the Appellant’s Bacon - and Reiterates the Framework for Assigning and...

In HIP, Inc. v. Hormel Foods Corporation (May 5, 2023), Judges Lourie, Clevenger and Taranto of the U.S. Court of Appeals for the Federal Circuit addressed a claim of joint ownership and – in a unanimous precedential decision...more

[Podcast] When Fixing One Problem Creates Another: How Patent Infringement Arises Out of Product Repairs

Various products are subject to systems (e.g., purchase agreements) under which product purchasers and third parties are prevented from repairing the products and the only way to repair the product is to proceed through an...more

Fast Track or Slow Stroll? Find the Right Pace For Your Patent Prosecution Matters

For a company rushing to bring a breakthrough product to a red-hot marketplace, the goal may be a speedy patent prosecution at the United States patent office – but for a “stealth mode” company, the goal may be a slower and...more

Something on Which Even Patent Litigators Can Agree: McRO v. Bandai, Inc. Clarifies the Framework for Enablement Challenges and...

In McRO, Inc. v. Bandai Namco, Inc. et al., No. 2019-1557, __ F.3d __ (Fed. Cir. May 20, 2020), the Federal Circuit reversed a judgment of invalidity and in doing so provided needed clarity concerning the application of the...more

Can a Good Deed Ever Go Unpunished? Patent Infringement Considerations for Technologies Used to Combat COVID-19

With the COVID-19 outbreak, institutions and corporations are scrambling to develop and produce COVID-19 tests and cures, while at the same time hospitals are facing a lack of personal protective equipment (PPE) and...more

All’s Fair in Love and War . . . So What About Fair Use in the Time of Coronavirus?

In response to the COVID-19 pandemic, schools, colleges, universities, libraries and other institutions have closed and migrated their in-person classes and other offerings to an online model. But with the rapid migration of...more

Did Recent Changes in the Patent Laws Turn the Page on the Need for Accurate Laboratory Notebooks?

With the enactment of the Leahy-Smith America Invents Act (AIA), the U.S. patent system moved to a “first inventor to file” approach for examining all applications having an effective filing date on or after March 16, 2013....more

Did Recent Changes in the Patent Laws Turn the Page on the Need for Accurate Laboratory Notebooks?

With the enactment of the Leahy-Smith America Invents Act (AIA), the U.S. patent system moved to a “first inventor to file” approach for examining all applications having an effective filing date on or after March 16, 2013....more

How an Insufficiently Detailed Provisional Patent Application Can Hurt You

A well-intentioned decision to reduce expenses can result in a poorly written provisional patent application that actually destroys an institution’s future patent rights in an important technology. In today’s world,...more

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