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Welcome to our Sketchbook — where we develop ideas and weigh in on current IP issues.
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Recent Posts
March 28, 2024
Don’t Ask Your Lawyer for a “Standard Agreement”
March 26, 2024
Visual Signatures: Trade Dress Law for Brand Protection
March 20, 2024
USPTO Inventorship Guidelines for AI-Assisted Inventions
This is not legal advice, please see Disclaimer.
June 6th, 2014
Supreme Court Chooses Middle Ground in Formulating A Standard for Patent Claim Definiteness
On June 2, 2014, the U.S. Supreme Court issued a unanimous opinion in Nautilus v. Biosig Instruments, Inc. At issue…
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May 20th, 2014
Supreme Court Limits Laches as a Defense in Copyright Infringement Suits
On May 19, 2014, the Supreme Court issued its decision in Petrella v. Metro-Goldwyn-Mayer, Inc., addressing the applicability of the…
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May 6th, 2014
U.S. Supreme Court Changes Standards for Attorney Fee Awards in Patent Cases
On April 29, 2014, the Supreme Court issued decisions in Octane Fitness, LLC v. Icon Health & Fitness, Inc. and…
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March 26th, 2014
Lexmark v. Static Control: Supreme Court Concludes That False Advertising Plaintiffs Need Not Be Direct Competitors
On March 25, 2014, the U.S. Supreme Court issued its decision in Lexmark Int’l, Inc. v. Static Control Components, Inc.,…
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February 25th, 2014
En Banc Federal Circuit Again Declines to Apply “Clearly Erroneous” Deference to Factual Findings in Patent Claim Construction Rulings
On February 21, 2014, the Federal Circuit issued its long-awaited decision in Lighting Ballast Control LLC v. Philips Electronics North…
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January 28th, 2014
Supreme Court Rules That Licensor Has Burden of Proving Infringement Even When Licensee Is The Plaintiff
On January 22, 2014, the Supreme Court issued its decision in Medtronic, Inc. v. Mirowski Family Ventures, LLC. Medtronic has…
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January 17th, 2014
Federal Circuit Rules in the Exelixis / Novartis Cases that the USPTO Has Been Partially Miscalculating Patent Term Adjustment
In 1994, Congress changed the way that a patent’s term is calculated. At that time, the term of a patent…
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June 25th, 2013
U.S. Supreme Court Concludes That “Isolated” DNA Is Not Patent-Eligible But cDNA Is
On June 13, 2013, the Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., addressing…
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May 30th, 2013
Bowman v. Monsanto: U.S. Supreme Court Addresses Patent Exhaustion In The Context of Self-Replicating Technologies
On May 13, 2013, the Supreme Court issued its opinion in Bowman v. Monsanto. Monsanto is the owner of a…
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April 2nd, 2013
U.S. Supreme Court Holds That Copyright Is Subject To International Exhaustion
On March 19, 2013, the Supreme Court issued its long-awaited opinion in Kirtsaeng v. John Wiley & Sons, Inc. John…
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February 15th, 2013
Guidelines for Navigating the First-to-File Provisions of the AIA Taking Effect On March 16, 2013
The America Invents Act (AIA) that was passed in late 2011 contains a number of significant changes to the U.S.…
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