Sketchbook

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

June 27th, 2018Two Bites at the Same Apple: Trademark Letters of Protest and Opposition ProceedingsIn the world of trademark registration, an opposition proceeding is triggered when a party seeking to prevent the registration of…Read More

June 20th, 2018Non-Obvious by Design: Addressing Design Choice Rejections at the USPTOThe dream of many inventors is that their ideas and creations will receive immediate recognition as new and groundbreaking. How…Read More

June 11th, 2018Considering the Benefits of a Benefit Limited Liability CompanyLast month, Utah became one of a handful of states to offer benefit limited liability companies. Effective on May 8,…Read More

June 4th, 2018Apple v. Samsung – Are Components Worth More than the Whole?In a much-awaited decision, on Thursday, May 24, 2018, a jury in the Northern District of California awarded Apple $539…Read More

May 24th, 2018Copyright Term: When Does a Work Enter the Public Domain?Years ago, there was a radio show that featured a lawyer who would take calls from listeners and answer their…Read More

May 21st, 2018Will There Be Fewer IPRs Moving Forward?: A Review of SAS Institute Inc. v. IancuRecently, the Supreme Court handed down its decision in SAS Institute Inc. v. Iancu, 584 U.S. ____ 2018). (https://www.supremecourt.gov/opinions/17pdf/16-969_f2qg.pdf). In…Read More

May 15th, 2018The Supreme Court Rules that Patents are a “Public Right”:  A Review of Oil States v. Greene’s Energy GroupJust recently, the Supreme Court handed down its decision in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC,…Read More

April 24th, 2018Is Alice Coming Home From Wonderland? Finally Finding Direction in the Fairy Tale of 101 JurisprudenceIn its 2014 decision, Alice v. CLS Bank, the Supreme Court dramatically reshaped the application of 35 U.S.C. § 101,…Read More