Sketchbook

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

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