December 21, 2018 | The Legal Intelligencer
From Rocket Boots to Fusion Reactors: Patents Show Us Our FutureWould 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 InfringementSince 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 LawFirst 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 FightThe 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 ModelThe 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 InfringementIn 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 ShieldIf 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 ApplicationsExplanation. 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 InfringementThe 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
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