Sketchbook

April 17th, 2018Shoulda, Coulda, Woulda…A Combination is Not Obvious Simply Because it Could Have Been MadeAt one time or another, most practitioners have probably been faced with the contention by an Examiner that a claimed…Read More

April 12th, 2018In Re: Power Integrations, Inc.The broadest reasonable interpretation of a claim term cannot be uncoupled from the specification or render the term meaningless in…Read More

April 3rd, 2018Hashtags vs. Trademarks – Does it Really Matter?The use of social media is soaring, and people are increasingly using #hashtags.  As most people know, a hashtag is…Read More

March 26th, 2018Pitfalls to Be Aware of When Working with Inventions Funded Through Government GrantsSometimes a client’s technology is funded by a government grant, e.g., through a federal agency.  Complex provisions governing ownership, disclosure,…Read More

March 21st, 2018On the Fundraising Circuit? NDAs are a Bad Idea; Do This Instead.I find that a lot of inexperienced entrepreneurs are concerned (borderline paranoid) about somebody stealing their idea. At some point,…Read More

March 12th, 2018Finjan Your Claims to Patent EligibilityOn January 10, 2018 the Federal Circuit (hereinafter the ‘Court’) released its decision in Finjan v. Blue Coat Systems, Inc.…Read More

March 6th, 2018The “Quick & Dirty” Provisional – And Other Mythical CreaturesFrequently, after discussing the potential costs associated with pursuing patent protection, a potential new client will ask:  “Can’t we just…Read More

February 27th, 2018Tribal Sovereign Immunity a No-go in Allergan IPRThe Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO) recently rejected the sovereign…Read More

February 20th, 2018Making Amendments to Range Limitations in Patent ClaimsA patent claim that includes a numerical range may be rejected based on prior art that discloses the range. For…Read More

February 12th, 2018100(ish) Days Until GDPRIn a little more than 100 days (May 25th, 2018), a sweeping regulation known as the General Data Protection Regulation…Read More

February 5th, 2018Core Wireless Licensing v. LG Electronics: User Interfaces & Patent-Eligible Subject MatterOn January 25, 2018 the Federal Circuit released its decision in Core Wireless Licensing v. LG Electronics. One of the…Read More

January 29th, 2018TMEP § 818 – A Valuable Resource for Trademark PractitionersTrademark Manual of Examining Procedure (“TMEP”) § 818 entitled “Application Checklist” is a valuable resource for understanding some of the…Read More

January 23rd, 2018Copyright Trolls: The New Face of Copyright Litigation?By now, most people are familiar with the concept of a “patent troll,” but fewer are aware of the increasingly…Read More

January 16th, 2018Copyright BasicsCopyright protection is contemplated under the Constitution of the United States and governed by the U.S. Copyright Act. More specifically,…Read More

January 10th, 2018Liability for Inducement Where There is Divided InfringementIn 2017, the Federal Circuit issued a decision Eli Lilly & Co. v. Teva Parenteral Meds., Inc., 845 F.3d 1357…Read More