Lawrence E Ashery

Lawrence E Ashery

December 21, 2018 | The Legal Intelligencer

From Rocket Boots to Fusion Reactors: Patents Show Us Our Future

Would you like to see the future of technology? You can. When patents (and patent applications) are published, the public is given an opportunity to see the latest ideas that are currently in development.

By Lawrence E. Ashery

6 minute read

December 04, 2018 | The Legal Intelligencer

Battle of the Sexes: Girl Scouts Sues Boy Scouts for Trademark Infringement

Since their respective beginnings, the Boy Scouts (of America) limited their membership to boys and the Girl Scouts (of the United States of America) limited their membership to girls.

By Lawrence E. Ashery

7 minute read

October 23, 2018 | The Legal Intelligencer

The 'New NAFTA' and How It Will Affect Intellectual Property Law

First it was Mexico that agreed to a new trade accord with the United States. Less than one week later, Canada joined the agreement as well. With that, the stage is set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.

By Lawrence E. Ashery

6 minute read

September 25, 2018 | The Legal Intelligencer

How to Protect the Shape of Candy and Why It's Worth the Fight

The Kit Kat bar is an international sensation, and as a result, Nestle has been trying to protect the candy bar's shape throughout Europe. A trademark application for its appearance was filed with the European Union Intellectual Property Office (EUIPO) in 2002, and a trademark registration was granted in 2006, but earlier this year, the EU's General Court declared the registration invalid.

By Lawrence E. Ashery

6 minute read

August 21, 2018 | The Legal Intelligencer

Why Get a Patent? It Really Depends on Your Particular Business Model

The numbers are staggering. In 2017, IBM obtained almost 9,000 U.S. patents. If you consider the fact that IBM obtains patents all over the world, you realize that this company consistently spends incredible amounts of money in order to secure intellectual property protection.

By Lawrence E. Ashery

6 minute read

July 24, 2018 | The Legal Intelligencer

High Court Permits Foreign Lost Profits Award for US Patent Infringement

In a 7-2 decision, the U.S. Supreme Court ruled that U.S. patent holders are eligible to recover lost profits—that were lost outside of the United States—for domestic infringement of a U.S. patent in WesternGeco v. Ion Geophysical, 585 U.S. ______ (2018).

By Lawrence E. Ashery

6 minute read

June 19, 2018 | The Legal Intelligencer

Disney Opts for Design Patent for Valuable Piece of IP—Cap's Shield

If you enjoy movies about fictional superheroes, then you're probably familiar with Captain America and his miraculous shield. Recently, however, his shield showed up in a most unlikely place—the U.S. Patent and Trademark Office (PTO).

By Lawrence E. Ashery,

1 minute read

May 22, 2018 | The Legal Intelligencer

Patent Office Improves Examination of Software Patent Applications

Explanation. When the U.S. government denies us legal protection, we want to know why. Accompanying an adverse decision in the legal world, we want an explanation to support the adverse decision so we can understand how the decision was made.

By Lawrence E. Ashery

6 minute read

April 24, 2018 | The Legal Intelligencer

US Supreme Court Tackles Overseas Damages for US Patent Infringement

The U.S. Supreme Court has rarely addressed the issue of patent damages, but a case currently before the court has the potential to create significant changes in this area of the law.

By  Lawrence E. Ashery

7 minute read

March 20, 2018 | The Legal Intelligencer

What to Do When the Patent Office Says 'No'

According to the U.S. Supreme Court, a patent application is one of the most difficult legal instruments that can be drafted (Topliff v. Topliff, 145 U.S. 156 (1892)). Small wonder that most patent applications are initially rejected by the Patent Office.

By Lawrence E. Ashery

6 minute read