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March 28th, 2024Don’t Ask Your Lawyer for a “Standard Agreement”Read More
March 26th, 2024Visual Signatures: Trade Dress Law for Brand Protection Read More
March 20th, 2024USPTO Inventorship Guidelines for AI-Assisted Inventions Read More
March 14th, 2024The Dilemma of Delay: Prosecution Laches Read More
January 18th, 2024Upcoming Supreme Court IP Oral Argument: What’s at Stake in Warner Chappell Music, Inc. v. Nealy Read More
August 22nd, 2023Potential Changes Coming to Design Patent Validity Read More
July 26th, 2023Context Matters Read More
July 6th, 2023Amgen v. Sanofi: Implications for the Enablement Standard Read More
June 26th, 2023Patent Your AI, Don’t AI Your Patents Read More
June 7th, 2023New Upcoming Supreme Court Trademark Case Read More
March 30th, 2023Patenting Chemical Compositions Containing Natural Products Read More
March 23rd, 2023Artificial Intelligence: Technical Primer & Patenting Tips Read More
March 1st, 2023Enforcement of the California Consumer Privacy Act – Sephora’s Settlement Read More
February 10th, 2023Copyright Lessons from Taylor Swift Read More
February 1st, 2023Considerations for Legal Arguments in Patent Prosecution Read More
November 14th, 2022The Written Description Requirement for Negative Claim Limitations Read More
November 2nd, 2022Paris Convention Pitfalls When Filing Follow-on Patent Applications Read More
July 6th, 2022Blockchains: A Brief Primer Read More
May 16th, 2022Workman Nydegger Welcomes 2022 Summer Associates Read More
May 3rd, 2022§101 Applied to Mechanical Claims Read More
April 7th, 2022Primer for Patenting Methods of Treatment Read More
March 23rd, 2022When Is It Okay To Buy Counterfeit Goods?Read More
March 14th, 2022Evolution of Patentable Subject Matter Read More
January 19th, 2022Sign Your Own Name: A Review of Office of Enrollment and Discipline Decisions In 2021 Read More
January 26th, 2021Sometimes, Being Methodical May Not be Enough Read More
September 21st, 2020Amazon Crime: Sellers Conspire to Pay Bribes to Amazon Insiders, Earning $100M in the Process Read More
May 13th, 2020Georgia v. Public.Resource.Org, Inc.: Works Produced by Judges or Legislators in the Course of Their Official Duties Are Not Protected by Copyright, Including the Annotations in Georgia’s Official Code Read More
May 6th, 2020Romag Fasteners, Inc. v. Fossil Group, Inc.: Willfulness Is Not An “Inflexible Precondition” for an Award of Defendant’s Profits in Trademark Infringement Cases Read More
February 13th, 2020Patentability 101: A Review of the 2019 Guidance and Update on Subject Matter Eligibility Read More
December 9th, 2019ALIBABA AND THE FORTY INFRINGERS: IP ENFORCEMENT WITH CHINA’S BIGGEST ONLINE MARKETPLACE Read More
October 7th, 2019The New Enforcement Paradigm: Using Amazon to Defend Your Invention Rights Read More
September 23rd, 2019Making Your (Virtual) Mark in the Patent World Read More
September 16th, 2019“You’re Out of Order!” Applying “Moneyball” to Your Litigation Choices Read More
September 4th, 2019Do You Want to Go to Law School?Read More
August 19th, 2019Even if Cited Art is Ancient History, Your Claims Might Still be History: ‘Old’ Art Cited in Office Actions Read More
August 12th, 2019Harry Potter And The Unregistrable Trademark: Beware The Pitfalls of Trying to Trademark Your Book Title Read More
August 8th, 2019Options For Responding To An Examiner’s Answer When The Examiner Has Introduced A New Ground Of Rejection During The Appeal Process Read More
July 30th, 2019Could Oberdorf Open the Door to Infringement Liability for Amazon Read More
July 30th, 2019Attorney Fees in Civil Actions Against the Director under 35 U.S.C. 145 – A review of Iancu v. NantKwest Set for October 7, 2019 Argument Before the U.S. Supreme Court.Read More
July 30th, 2019Judicial Exceptions and Practical Applications Read More
July 10th, 2019A Review of the Iancu v. Brunetti – The U.S. Supreme Court Holds that the Lanham Act’s Ban on Immoral Trademarks Violates the First Amendment Read More
June 11th, 2019Return Mail, Inc. v. United States Postal Service: The Federal Government Cannot Use IPRs or Other AIA Post-Grant Reviews Read More
May 30th, 2019Protecting Descriptive Trademarks Through the Supplemental Register Read More
May 28th, 2019Trademark Consent Agreements Read More
May 14th, 2019Patent Trends in AgTech Read More
May 7th, 2019USPTO Releases New Examination Guidelines for Trademarks Covering Cannabis and Cannabis-Related Goods Read More
April 30th, 2019The Dirty Secret About Trade Secrets Read More
April 29th, 2019Do You Know the Origin of your Website Content? . . . and Why You Should.Read More
April 12th, 2019Who is an Inventor on a Patent Application? Not just any Tom, Dick, or Harry…Read More
March 26th, 2019Get a Patentability Search Before Filing Your Patent Application Read More
March 26th, 2019DATA PRIVACY: Responding to Law-Enforcement Requests Read More
March 6th, 2019GO SPEED RACER GO! Winning Strategies for Getting that Patent Issued – SPEEDILY.Read More
February 28th, 2019Now May Not be the Best Time to Enforce Your Diagnostic Method Patent Read More
February 20th, 2019Workman Nydegger IP Attorney, J. Dustin Howell discusses insights into patents, trademarks and intellectual property on the Live Create Launch Podcast.Read More
February 11th, 2019THINKING ABOUT MARKUSH-TYPE CLAIM STRUCTURE – AGAIN Read More
February 4th, 2019Supreme Court in Helsinn: Secret Sales Can Qualify as Prior Art Under the AIA Read More
November 19th, 2018Ancora Tech. v. HTC – Yet Another Federal Circuit Decision Finding A Computer-Based Invention Patent Eligible Under Alice/Mayo Step One Read More
November 7th, 2018Is Uncle Sam a Person?Read More
October 22nd, 2018Online Arbitrage: Why Amazon Orders Sometimes Come from Walmart Read More
September 18th, 2018Want to Protect Your Idea? Three Things to Consider Early On Read More
September 4th, 2018The Federal Circuit Sets New Traps for the Unwary IPR Petitioner Read More
August 23rd, 2018Overriding Patents – The Naloxone Dilemma Read More
August 14th, 2018Follow these Simple Guidelines to Strengthen your Trademark Rights Read More
August 6th, 2018How Will the New Supreme Court Nominee Weigh in on Patent Matters?Read More
July 30th, 2018What is Your Intellectual Property Worth?Read More
July 25th, 2018Claiming an Economic Practice or a Mathematical Technique after SAP America, Inc., v. Investpic, LLC.Read More
July 18th, 2018Patent Drafting Reminders Gleaned from the July 16, 2018 Federal Circuit Decision (Blackbird Tech. LLC v ELB Electronics Inc.).Read More
July 12th, 2018Intent-to-use Trademark Applications: Make Sure your Intent is ‘Bona Fide’Read More
July 3rd, 2018Neglecting Your Trademark Protection – Penny Wise and Whopper® Foolish Read More
June 27th, 2018Two Bites at the Same Apple: Trademark Letters of Protest and Opposition Proceedings Read More
June 20th, 2018Non-Obvious by Design: Addressing Design Choice Rejections at the USPTO Read More
June 11th, 2018Considering the Benefits of a Benefit Limited Liability Company Read More
June 4th, 2018Apple v. Samsung – Are Components Worth More than the Whole?Read More
May 24th, 2018Copyright Term: When Does a Work Enter the Public Domain?Read More
May 21st, 2018Will There Be Fewer IPRs Moving Forward?: A Review of SAS Institute Inc. v. Iancu Read More
May 15th, 2018The Supreme Court Rules that Patents are a “Public Right”: A Review of Oil States v. Greene’s Energy Group Read More
April 24th, 2018Is Alice Coming Home From Wonderland? Finally Finding Direction in the Fairy Tale of 101 Jurisprudence Read More
April 17th, 2018Shoulda, Coulda, Woulda…A Combination is Not Obvious Simply Because it Could Have Been Made Read More
April 12th, 2018In Re: Power Integrations, Inc.Read More
April 3rd, 2018Hashtags vs. Trademarks – Does it Really Matter?Read More
March 26th, 2018Pitfalls to Be Aware of When Working with Inventions Funded Through Government Grants Read More
March 21st, 2018On the Fundraising Circuit? NDAs are a Bad Idea; Do This Instead.Read More
March 12th, 2018Finjan Your Claims to Patent Eligibility Read More
March 6th, 2018The “Quick & Dirty” Provisional – And Other Mythical Creatures Read More
February 27th, 2018Tribal Sovereign Immunity a No-go in Allergan IPR Read More
February 20th, 2018Making Amendments to Range Limitations in Patent Claims Read More
February 12th, 2018100(ish) Days Until GDPR Read More
February 5th, 2018Core Wireless Licensing v. LG Electronics: User Interfaces & Patent-Eligible Subject Matter Read More
January 29th, 2018TMEP § 818 – A Valuable Resource for Trademark Practitioners Read More
January 23rd, 2018Copyright Trolls: The New Face of Copyright Litigation?Read More
January 16th, 2018Copyright Basics Read More
January 10th, 2018Liability for Inducement Where There is Divided Infringement Read More
January 3rd, 2018Claim Drafting Strategy for Filing in the US and Europe Read More
December 29th, 2017Broadening Your Issued Patent – A Chance to Fix the Past Read More
December 28th, 2017The Curious Case of Comic Con; Or is it Comic-Con?Read More
December 13th, 2017Do I Need to Register My Trademark?Read More
December 5th, 2017Patent Term: When will a patent die?Read More
November 27th, 2017USPTO Fees on the Rise Read More
November 20th, 2017Understanding Some of the Benefits and Risks of Intent-to-Use Trademark Applications in the USPTO Read More
November 13th, 2017Copyright Infringement and the DMCA’s Safe Harbor Provisions Read More
November 7th, 2017A Brief Overview of Design Patents Read More
October 30th, 2017Contract “Trick or Treat”Read More
October 24th, 2017Using Numerical Ranges to Strengthen your Patent Application Read More
October 16th, 2017Aqua Products, Inc. v. Matal: A Boon for Patent Owners Read More
October 9th, 2017Is Patent Enforcement for Online Marketplaces Good for Business?Read More
September 26th, 2017System Claims May Be Superior/Diminished Read More
September 18th, 2017Third-Party Submissions Under 35 USC §122(e)Read More
September 12th, 2017When ‘Because I Said So’ Is Not Enough Read More
September 5th, 2017Keeping and Maintaining Accurate Records Read More
August 29th, 2017Legal Fees and Engagement Letters – Rule 1.5 of the Utah Rules of Professional Conduct Read More
August 21st, 2017Do-It-Yourself (DIY) Intellectual Property – Why hire a lawyer when you can do it yourself?Read More
August 14th, 2017IP Issues Resulting from 3D Printing Read More
August 10th, 2017Effective Invention Disclosure Meetings Read More
July 28th, 2017Arbitration and the Traditional Legal System Read More
July 26th, 2017I Have a Feeling We’re Not in Beaumont Anymore – Or Are We? Ruminations on TC Heartland Read More
July 18th, 2017The Importance of Examiner Interviews Read More
July 12th, 2017Impression Products v. Lexmark: Supreme Court Strengthens Doctrine of Patent Exhaustion Read More
July 7th, 2017How to Obtain a Patent Read More
July 3rd, 2017Overview on Information Disclosure Statement Practice Read More
June 26th, 2017The Rules of Professional Conduct Which Govern Your Lawyer Also Protect You as a Client Read More
June 20th, 2017After Almost Five Years of Inter Partes Review under AIA, is its Demise Near? The Supreme Court to Consider the Constitutionality of the Inter Partes Review Process under AIA Read More
June 13th, 2017Charging Bull v. Fearless Girl: A Brief Overview Read More
June 8th, 2017IP Considerations for Start-Ups Read More
June 5th, 2017Top 10 Things to Consider When Selecting an Attorney to Help Patent Your Invention Read More
May 23rd, 2017A Brief Summary and Comparison of Inter Partes Review and Post Grant Review Read More
May 15th, 2017The Who’s Who and What’s What of a Patent Application: An Overview of Inventors, Assignees, and Applicants Read More
May 8th, 2017Star Athletica v. Varsity Brands Read More
May 1st, 2017Avoiding Divided Infringement in Method of Treatment Claims Read More
April 24th, 2017What is Patent Scope and Why Should You Care? Because Hogs Get Slaughtered—That’s Why.Read More
April 17th, 2017Preparing Inventors for the Patent Process Read More
April 11th, 2017Navigating the Patent Prosecution Highway (PPH)Read More
April 4th, 2017Non-Statutory Double Patenting Rejections and Terminal Disclaimers Read More
March 27th, 2017Rethinking Use of Markush-Type Claiming Structure Read More
March 20th, 2017Is Your Hair on Fire? Patent Preliminary Injunctions Read More
March 13th, 2017Copyright Office Issues Notice of Inquiry Regarding Expansion of Moral Rights Read More
March 6th, 2017Do Drawings Really Need to Show Every Feature of the Invention?Read More
February 27th, 2017Overview on After Final Practice at the USPTO Read More
February 21st, 2017Disney et al v. VidAngel Read More
February 13th, 2017A Walkthrough of Supplemental Examination Read More
February 2nd, 2017IP Considerations and Strategies for Small to Medium-Sized Companies Read More
January 26th, 2017Global IP Protection for Startups – A Mixture of Filing Approaches Read More
January 17th, 2017Is combining prior art references intuitive? Another reminder from the Federal Circuit regarding the PTO’s burden in supporting obviousness rejections Read More
January 9th, 2017Strategy for Patent Infringement Influence in China by Filing for Patents in Other Countries Read More
January 3rd, 2017Why should reference teachings be combined? Maybe it’s not so obvious after all Read More
December 27th, 2016Recent Strengthening of Motivation to Combine Read More
December 8th, 2016Cuozzo and Inter Partes Review: Are Patents Getting Easier to Invalidate?Read More
November 28th, 2016Restriction Practice Tips Read More
November 23rd, 2016Straight from the horse’s mouth: How the USPTO suggests getting better patents, faster.Read More
November 14th, 2016Protecting Your Inventions Internationally Using the PCT: A User’s Perspective Read More
November 7th, 2016E-Commerce Enforcement Read More
October 31st, 2016Overcoming a Rejection for Lack of Written Description or Enablement by Making a Deposit of Biological Material Read More
October 17th, 2016MCRO v. Bandai – An Updated Look at Subject Matter Eligibility of Software Methods Read More
October 10th, 2016Divided Infringement Read More
September 30th, 2016Overcoming Alice Rejections Read More
September 12th, 2016The ‘Wayback Machine’ in Patent Prosecution and Litigation Read More
September 7th, 2016The Applicability of Patent-Agent Privilege After “In re Queen’s University at Kingston”Read More
September 7th, 2016Rapid Litigation Management v. Cellzdirect Read More
September 7th, 2016Enhanced Damages for Patent Infringement: Halo v. Pulse Read More
August 29th, 2016Appeals to Reason: The Federal Circuit Reviews the Broadest Reasonable Interpretation Standard Read More
August 9th, 2016Congress Adds an Arrow to the Quiver – the Defend Trade Secrets Act Read More
July 28th, 2016BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC, AT&T Corp. (decided June 27, 2016)Read More
April 4th, 2016Lexmark v. Impression Products: En Banc Federal Circuit Reconfirms Pro-Patentee Limitations on Doctrine of Patent Exhaustion Read More
January 19th, 2016In re Tam: Federal Circuit Rules That First Amendment Requires Federal Government To Allow Registration of Disparaging Trademarks Read More
September 28th, 2015En Banc Federal Circuit Holds That Laches Will Still Limit Pre-Complaint Damages In Patent Cases And May Now Even Limit Permanent Injunctive Relief Read More
August 28th, 2015Federal Circuit Issues En Banc Decision Expanding Liability For Direct Infringement in “Divided Infringement” Cases Read More
June 5th, 2015Commil v. Cisco: Belief That A Patent Is Invalid Is Not A Defense To Inducement Read More
April 8th, 2015Supreme Court Rules That Trademark Opposition Decisions by TTAB Can Provide Basis For Issue Preclusion in Federal Court Read More
January 29th, 2015Hana Financial v. Hana Bank: Supreme Court Holds That Trademark “Tacking” Is A Question For Juries Read More
January 28th, 2015Teva v. Sandoz: Supreme Court Rules That, In Reviewing Patent Claim Constructions on Appeal, Factual Determinations Derived From Extrinsic Evidence Must Be Given “Clearly Erroneous” Deference Read More
June 30th, 2014Supreme Court Rules That Aereo’s Real-Time Streaming of Over-the-Air Television Constitutes a Public Performance of Copyrighted Works Read More
June 20th, 2014Supreme Court Holds That Methods and Systems Providing “Generic Computer Implementation” of “Intermediated Settlement” Are Not Eligible For Patenting Read More
June 6th, 2014Supreme Court Chooses Middle Ground in Formulating A Standard for Patent Claim Definiteness Read More
May 20th, 2014Supreme Court Limits Laches as a Defense in Copyright Infringement Suits Read More
May 6th, 2014U.S. Supreme Court Changes Standards for Attorney Fee Awards in Patent Cases Read More
March 26th, 2014Lexmark v. Static Control: Supreme Court Concludes That False Advertising Plaintiffs Need Not Be Direct Competitors Read More
February 25th, 2014En Banc Federal Circuit Again Declines to Apply “Clearly Erroneous” Deference to Factual Findings in Patent Claim Construction Rulings Read More
January 28th, 2014Supreme Court Rules That Licensor Has Burden of Proving Infringement Even When Licensee Is The Plaintiff Read More
January 17th, 2014Federal Circuit Rules in the Exelixis / Novartis Cases that the USPTO Has Been Partially Miscalculating Patent Term Adjustment Read More
January 8th, 2014Fractus v Samsung – The Plot Thickens Read More
November 18th, 2013A New Spin on Fresenius – Fractus Uses Stay of Inter Partes Reexamination to Move Ahead in Race to Federal Circuit Read More
June 25th, 2013U.S. Supreme Court Concludes That “Isolated” DNA Is Not Patent-Eligible But cDNA Is Read More
May 30th, 2013Bowman v. Monsanto: U.S. Supreme Court Addresses Patent Exhaustion In The Context of Self-Replicating Technologies Read More
April 2nd, 2013U.S. Supreme Court Holds That Copyright Is Subject To International Exhaustion Read More
February 15th, 2013Guidelines for Navigating the First-to-File Provisions of the AIA Taking Effect On March 16, 2013 Read More
September 19th, 2012The Federal Circuit Decides Akamai and McKesson Cases, Expanding Liability In Cases of Divided Infringement Read More

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