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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.
September 4th, 2018
The Federal Circuit Sets New Traps for the Unwary IPR Petitioner
The Federal Circuit recently decided Click-To-Call Technologies, LP v. Ingenio, Inc., Yellopages.com, LLC, (Fed. Cir. Aug. 16, 2018), in which…
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August 23rd, 2018
Overriding Patents – The Naloxone Dilemma
With no end in sight to the ongoing, and widening, opioid epidemic in the United States, politicians, public health officials,…
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August 14th, 2018
Follow these Simple Guidelines to Strengthen your Trademark Rights
In this day and age of heightened brand awareness, here are some basic principles to consider to help establish and…
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August 6th, 2018
How 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…
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July 30th, 2018
What 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…
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July 25th, 2018
Claiming 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…
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July 18th, 2018
Patent 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…
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July 12th, 2018
Intent-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…
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July 3rd, 2018
Neglecting Your Trademark Protection – Penny Wise and Whopper® Foolish
On Charleston Ave., in the small town of Matoon, Illinois sits a Burger King. You won’t be able to order…
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June 27th, 2018
Two Bites at the Same Apple: Trademark Letters of Protest and Opposition Proceedings
In the world of trademark registration, an opposition proceeding is triggered when a party seeking to prevent the registration of…
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June 20th, 2018
Non-Obvious by Design: Addressing Design Choice Rejections at the USPTO
The dream of many inventors is that their ideas and creations will receive immediate recognition as new and groundbreaking. How…
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June 11th, 2018
Considering the Benefits of a Benefit Limited Liability Company
Last month, Utah became one of a handful of states to offer benefit limited liability companies. Effective on May 8,…
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June 4th, 2018
Apple 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…
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May 24th, 2018
Copyright 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…
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May 21st, 2018
Will There Be Fewer IPRs Moving Forward?: A Review of SAS Institute Inc. v. Iancu
Recently, 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…
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