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February 11th, 2019THINKING ABOUT MARKUSH-TYPE CLAIM STRUCTURE – AGAINI wrote about this same general subject nearly 2 years ago[1], but believe it is worth repeating, as I still…Read More

February 4th, 2019Supreme Court in Helsinn: Secret Sales Can Qualify as Prior Art Under the AIAPrior to the Leahy-Smith America Invents Act (AIA), 35 U.S.C. §102 entitled a person to a patent unless, among other…Read More

November 19th, 2018Ancora Tech. v. HTC – Yet Another Federal Circuit Decision Finding A Computer-Based Invention Patent Eligible Under Alice/Mayo Step OneOn November 16, 2018 the United States Court of Appeals for the Federal Circuit (CAFC) decided Ancora Technologies, Inc. v.…Read More

November 7th, 2018Is Uncle Sam a Person?People are persons. Corporations are persons. But, is the government a person? This is the question that is going to…Read More

October 22nd, 2018Online Arbitrage: Why Amazon Orders Sometimes Come from WalmartHave you ever ordered something from Amazon and received your order in a box shipped from Walmart? If so, you’re…Read More

September 18th, 2018Want to Protect Your Idea? Three Things to Consider Early OnA patent is a powerful tool that can give you an advantage over your competitors. Patent rights enable you to…Read More

September 4th, 2018The Federal Circuit Sets New Traps for the Unwary IPR PetitionerThe Federal Circuit recently decided Click-To-Call Technologies, LP v. Ingenio, Inc., Yellopages.com, LLC, (Fed. Cir. Aug. 16, 2018), in which…Read More

August 23rd, 2018Overriding Patents – The Naloxone DilemmaWith no end in sight to the ongoing, and widening, opioid epidemic in the United States, politicians, public health officials,…Read More

August 14th, 2018Follow these Simple Guidelines to Strengthen your Trademark RightsIn this day and age of heightened brand awareness, here are some basic principles to consider to help establish and…Read More

August 6th, 2018How Will the New Supreme Court Nominee Weigh in on Patent Matters?With the recent retirement of Justice Kennedy, effective July 31, there are currently eight members of the Supreme Court. With…Read More

July 30th, 2018What is Your Intellectual Property Worth?Intellectual property rights (“IP”) such as copyrights, patents, trade secrets, trade dress, and trademarks, can give any business a competitive…Read More

July 25th, 2018Claiming an Economic Practice or a Mathematical Technique after SAP America, Inc., v. Investpic, LLC.Alice rejections (rejections under 35 U.S.C. § 101) often relate to claims that are rejected as being directed to abstract…Read More

July 18th, 2018Patent Drafting Reminders Gleaned from the July 16, 2018 Federal Circuit Decision (Blackbird Tech. LLC v ELB Electronics Inc.).On July 16, 2018, the Federal Circuit published its precedential decision in Blackbird Tech LLC v. ELB Electronics. Background:  Blackbird…Read More

July 12th, 2018Intent-to-use Trademark Applications: Make Sure your Intent is ‘Bona Fide’­­So you are thinking of starting a new business, and you have come up with the perfect name.  Or, maybe…Read More

July 3rd, 2018Neglecting Your Trademark Protection – Penny Wise and Whopper® FoolishOn Charleston Ave., in the small town of Matoon, Illinois sits a Burger King. You won’t be able to order…Read More