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Practical Tips for Claim Drafting
Drafting patent claims can be tricky, in that sometimes we may not think about the implications of how we choose to draft a given claim. For example, is there really any significant difference between “The…
Read MoreWorkman Nydegger Celebrates the Swearing-In of Two of its Attorneys
Workman Nydegger is proud to announce that two of its attorneys, Andrew Macdonald and Mansi Chauhan, were officially sworn in as members of the Utah State Bar. The ceremony took place on October 3, 2024,…
Read MoreWorkman Nydegger Mourns the Passing of Co-Founder H. Ross Workman
Salt Lake City, Utah – H. Ross Workman co-founded Workman Nydegger in 1984. He played a crucial role in shaping Workman Nydegger’s culture in a way that helped the firm to thrive. In the early…
Read MoreAndrew Macdonald and Mansi Chauhan Join Workman Nydegger as New Associates
Workman Nydegger is pleased to welcome Andrew Macdonald and Mansi Chauhan as Associates to the firm, strengthening our team with their diverse educational backgrounds. Mr. Macdonald brings a robust foundation in Chemical Engineering, having earned…
Read MoreOral Hearing Presented by Three Workman Nydegger Attorneys Featured at the 12th Annual ABA-IPL Trademark Days with the USPTO
Workman Nydegger is proud to announce that our attorneys, John Stringham, Matthew Barlow, and Ryan Morris, recently participated in an oral hearing for the case Revolution Jewelry Works, Inc. v. Stonebrook Jewelry, LLC DBA Revolution…
Read MoreDouble Patenting Drama: Recent Cases and USPTO Proposals
The legal framework for obviousness-type double patenting (ODP) and its relationship to patent term adjustment (PTA) continues to evolve. In Gilead, the Federal Circuit held that a later-issued but earlier-expiring patent is a proper ODP reference…
Read MorePatent Eligibility Test Under 35 U.S.C. § 101 and Response Strategies
The precedent set by the Supreme Court in Diamond v. Chakrabarty (447 U.S. 303 (1980)) held that “anything under the sun that is made by man” is patentable under 35 U.S.C. § 101. This standard…
Read MoreTrademark Rights and Freedom of Speech: Unpacking the Supreme Court’s Ruling in Vidal v. Elster
The Supreme Court issued its decision in Vidal v. Elster this past week. Elster addresses a constitutional challenge to the prohibition on the registration of a mark that “[c]onsists of or comprises a name … identifying…
Read MoreDon’t Ask Your Lawyer for a “Standard Agreement”
Clients will often contact their attorney and ask for a “standard agreement.” Essentially the request is for the lawyer to pull something out of their form bank that can be provided for little or no…
Read MoreVisual Signatures: Trade Dress Law for Brand Protection
Trade dress serves as the visual signature of a brand, encompassing everything from product and packaging designs to color schemes and overall presentation. In essence, it’s the unique “look and feel” that sets a product…
Read MoreUSPTO Inventorship Guidelines for AI-Assisted Inventions
President Biden issued the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” on October 30, 2023, including the objective to “promote a fair, open, and competitive ecosystem and marketplace…
Read MoreThe Dilemma of Delay: Prosecution Laches
Patent prosecution laches is an equitable doctrine whereby patent claims can be rejected for unreasonable and undue delay in prosecution. Prosecution laches can also be invoked in litigation proceedings to render patent claims unenforceable. Prosecution…
Read MoreUpcoming Supreme Court IP Oral Argument: What’s at Stake in Warner Chappell Music, Inc. v. Nealy
The Supreme Court is scheduled to hear oral argument on February 21 in Warner Chappell Music, Inc. v. Nealy, No. 22-1078. The case centers on the Copyright Act’s statute of limitations, which provides in relevant…
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