May 25, 2016 | The Legal Intelligencer
New Legal Interpretation Puts Many Patents at RiskTiming is everything—so the saying goes. In the world of patent procurement, bad timing can have horrendous consequences. A district court recently held that a patent application was filed one day later than the statute allowed, and the resulting patent was thus invalid. The decision contravenes 150 years of accepted patent practice. If the decision is allowed to stand, more than 12,000 patents may become worthless.
By Lawrence E. Ashery
14 minute read
April 27, 2016 | The Legal Intelligencer
Importance of Protecting Intellectual Property in CubaAs the relationship between the United States and Cuba continues to improve, significant business opportunities will arise. For any organization seeking to engage in the Cuban economy, the importance of having intellectual property protection is paramount.
By Lawrence E. Ashery
13 minute read
March 19, 2016 | The Legal Intelligencer
Finding of Inequitable Conduct Renders Patent UnenforceableAny person associated with the filing and prosecution of a patent application has a "duty of candor and good faith" toward the U.S. Patent and Trademark Office (USPTO).
By Lawrence E. Ashery
13 minute read
February 24, 2016 | The Legal Intelligencer
US Supreme Court to Review Patent Claim Construction StandardsThe U.S. Supreme Court is soon set to decide the standard that should be used when the U.S. Patent and Trademark Office reassesses the validity of an issued patent. The case, Cuozzo Speed Technologies LLC v. Lee, No. 15-446, may play a significant role in determining whether an accused patent infringer can defend itself by arguing that the asserted patent should have never been granted in the first place.
By Lawrence E. Ashery
7 minute read
January 27, 2016 | The Legal Intelligencer
Patent Application Filings and Experimental Use ExceptionThe United States is one of only a few countries that permits public disclosure of an invention before filing a patent application.
By Lawrence E. Ashery
7 minute read
December 23, 2015 | The Legal Intelligencer
Using Patents to Envision the Future of TechnologyWhat new ideas and innovations will be seen in the near future? How will technology be affecting our lives in the months ahead? To answer these questions, technologists often study recently granted patents and published patent applications in order to predict how innovation will influence the future.
By Lawrence E. Ashery
7 minute read
December 22, 2015 | The Legal Intelligencer
Using Patents to Envision the Future of TechnologyWhat new ideas and innovations will be seen in the near future? How will technology be affecting our lives in the months ahead? To answer these questions, technologists often study recently granted patents and published patent applications in order to predict how innovation will influence the future.
By Lawrence E. Ashery
7 minute read
November 25, 2015 | The Legal Intelligencer
End of the Line for Forum-Shopping in Patent Infringement Cases?In the first half of 2015, an astonishing 44 percent of all new patent civil actions were filed with the Eastern District of Texas. Furthermore, in 2014, two judges in the Eastern District of Texas were assigned 23.7 percent of all new patent civil actions filed that year.
By Lawrence E. Ashery
7 minute read
November 25, 2015 | The Legal Intelligencer
End of the Line for Forum-Shopping in Patent Infringement Cases?In the first half of 2015, an astonishing 44 percent of all new patent civil actions were filed with the Eastern District of Texas. Furthermore, in 2014, two judges in the Eastern District of Texas were assigned 23.7 percent of all new patent civil actions filed that year.
By Lawrence E. Ashery
7 minute read
October 28, 2015 | The Legal Intelligencer
Injunction for Patent Infringement in the Smartphone WarThe standard for granting an injunction in a patent infringement case may have changed last month in Apple v. Samsung Electronics, No. 2014-1802 (Fed. Cir. September 17, 2015) (Apple IV). In this important decision, the U.S. Court of Appeals for the Federal Circuit carefully evaluated the landmark U.S. Supreme Court case eBay v. MercExchange LLC, 547 U.S. 388 (2006), and made it easier for plaintiffs to obtain an injunction for patent infringement.
By Lawrence E. Ashery
7 minute read
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