Lawrence E Ashery

March 21, 2017 | The Legal Intelligencer

In a patent litigation suit, is venue ­established where the corporation was incorporated or where the corporation does business? This question, which currently raises one of the thorniest issues in patent law, will capture the spotlight this month in oral argument before the U.S. Supreme Court.

By Lawrence E. Ashery

12 minute read

February 21, 2017 | The Legal Intelligencer

At the end of the Gulf War, ­international inspectors searching through an Iraqi military site found a U.S. patent that explained how to manufacture nuclear material for an atomic bomb. The patent, U.S. 2,709,222, had been delayed from being granted for years. But in 1955 the U.S. government allowed the patent to issue, believing that its ­methodology was out of date, and no country would be interested in its contents. Evidently they were wrong.

By Lawrence E. Ashery

11 minute read

January 25, 2017 | The Legal Intelligencer

Try to make sense of this: The U.S. Patent and Trademark Office (USPTO) refused to register the trademark "HAVE YOU HEARD THAT SATAN IS A REPUBLICAN?" because it disparaged the Republican party. But when an application was filed for the mark "THE DEVIL IS A DEMOCRAT," the USPTO agreed that the mark could be registered.

By Lawrence E. Ashery

12 minute read

December 27, 2016 | The Legal Intelligencer

Would you like to predict the future? It's possible—just look at patents and patent applications to get a sense of the world of technology that will soon be approaching. While many patents will never lead to actual physical products, others can give a good sense of important business developments that may be just around the corner.

By Lawrence E. Ashery

13 minute read

November 22, 2016 | The Legal Intelligencer

Last month, in this column, we ­discussed the patentability of ­marijuana. It was explained that numerous marijuana-related patents already exist and more are expected to be granted. The issues associated with trademarks and marijuana, however, are substantially different.

By Lawrence E. Ashery

12 minute read

October 20, 2016 | The Legal Intelligencer

Marijuana is big business and the opportunities to make money, just like the plant, will only continue to grow. In 2015, Colorado's marijuana sales came close to a staggering one billion dollars. And in next month's election, five states will be voting on legalizing ­marijuana for recreational purposes, while four more states will be asking voters to decide whether the plant should be ­available for medical purposes. Businesses will ­expand and new companies will be born in order to try to cash in on this ­lucrative market.

By Lawrence E. Ashery

12 minute read

September 23, 2016 | The Legal Intelligencer

Remember Morse code? Perhaps mention of the name conjures up movie images of telegraph operators communicating over long distances, by tapping out "dashes" and "dots" that correspond to letters of the alphabet. What many people do not realize is that Samuel Morse, inventor of Morse code, fought a protracted battle to protect his patent rights. One of his patent claims stands out: the use of electromagnetism to print "intelligible characters, signs or letters."

By Lawrence E. Ashery

15 minute read

August 17, 2016 | The Legal Intelligencer

It happened again. Your company is trying to obtain valuable patent rights, and for the second time (or perhaps the third time, or the fourth time) the U.S. Patent and Trademark Office (USPTO) has rejected your patent application. Is there an end in sight?

By Lawrence E. Ashery

12 minute read

July 25, 2016 | The Legal Intelligencer

While the dust continues to settle from Brexit, questions abound regarding how the United Kingdom's historic vote to leave the European Union will affect the future. One important subject is intellectual property. How does Brexit affect intellectual ­property rights in the U.K.?

By Lawrence E. Ashery

14 minute read

June 17, 2016 | The Legal Intelligencer

The average length of time needed to obtain a U.S. patent is about two-and-a-half years. Some applicants, however, want their patents faster. Perhaps a competitor is already in the target market, and the patent applicant wants to initiate an infringement lawsuit as soon as possible.

By Lawrence E. Ashery

11 minute read