Lawrence E Ashery

February 20, 2018 | The Legal Intelligencer

The Chevron deference doctrine, based on the U.S. Supreme Court case of Chevron, U.S.A. v. Natural Resources Defense Council, 467 U.S. 837 (1984) requires a federal court to defer to a federal agency's interpretation of a federal statute in its area of expertise.

By Lawrence E. Ashery

6 minute read

January 23, 2018 | The Legal Intelligencer

If the survival and growth of your business depends on the development of new technology, the beginning of the new year is a good time to think about your intellectual property (IP) protection and how it can be improved.

By Lawrence E. Ashery

6 minute read

December 27, 2017 | The Legal Intelligencer

As companies develop new ideas, they often file patent applications with various patent offices in order to protect their investments. Here are a few patents (and patent applications) that were published in 2017 and that may predict how innovation will influence the future.

By Lawrence E. Ashery

7 minute read

October 24, 2017 | The Legal Intelligencer

A music video went viral this month, but it's doubtful you know any of its musicians. The tune is quite catchy, and the performance is not only professional, but very enjoyable. What is the theme of the song? Coming of age? A broken heart? No. It's a music video about Velcro Brand Fasteners and the VELCRO trademark.

By Lawrence E. Ashery

16 minute read

September 26, 2017 | The Legal Intelligencer

Everyday business communication is hard enough. With all of the ­­subtleties and nuances of language, the message received by an individual may not match what was intended. But with patent claims, the need for definiteness is far greater. Convince the Patent Office to allow your patent claim with understandable meaning, and the resulting patent may (emphasis "may") have value.

By Lawrence E. Ashery

6 minute read

August 22, 2017 | The Legal Intelligencer

It's been called the atomic bomb of ­patent law—inequitable conduct. It happens when a patent is applied for, but the duty of candor, disclosure and good faith toward the U.S. Patent and Trademark Office (USPTO) is violated. If proven to have occurred during patent procurement, then the entire resulting patent becomes unenforceable. Even if inequitable conduct affects a very limited aspect of a patent application, the consequences are catastrophic as the ability to assert the resulting patent vanishes.

By Lawrence E. Ashery

6 minute read

July 26, 2017 | The Legal Intelligencer

When I studied constitutional law in law school, one subject was certainly never mentioned in that class: trademarks. After last month's U.S. Supreme Court decision in Matal v. Tam (582 U.S. ____ (2017)), that may change.

By Lawrence E. Ashery

7 minute read

June 19, 2017 | The Legal Intelligencer

When was the last time you sold your used car and worried about infringing the patent rights of the manufacturer? My guess is you would say "never." It's not as if people are selling their pre-owned cars on eBay or Craigslist (for example) and being sued for patent infringement by the likes of GM, Ford or Toyota. But think about it—the modern automobile includes tons of technology that is covered by literally thousands of patents. And U.S. patent law permits a patent owner to "exclude others from making, using, offering for sale, or selling its invention throughout the United States ...," (35 U.S.C. Section 154(a)).

By Lawrence E. Ashery

11 minute read

May 23, 2017 | The Legal Intelligencer

One of the most frequent ­errors ­committed by inexperienced ­inventors is the untimely sale or public use of their invention. The sale of a ­product that includes a new invention—before a patent application is filed—destroys patent rights in many countries. Not so in the United States, where U.S. law provides a 12-month "grace period" to file for patent protection after a public use or sale

By Lawrence E. Ashery

12 minute read

April 25, 2017 | The Legal Intelligencer

Have you ever noticed patent ­numbers on a product that you purchased? Those patent numbers show up everywhere: on the back of an appliance, on the bottom of a candy dispenser—even on the cardboard insulator for a hot coffee cup. Placing a patent number on a patented product is called "patent marking" and it is strictly voluntary, but doing so can afford the patent holder with significant rights.

By Lawrence E. Ashery

12 minute read