August 30, 2022 | Law.com
Federal Circuit Analyzes Specification and Prosecution History Claim Language UsageAbsent an express disclaimer or special definition of how a term is to be interpreted, it can be frustrating to get a court to reject the plain and ordinary meaning of claim language read in a vacuum, based on the subtleties of how a term is used in a patent or its prosecution history.
By Matthew Siegal
7 minute read
February 01, 2013 | Inside Counsel
Technology: Can you learn to love a troll?It is hard to love a troll, and some feel the same way about patent trolls, the pejorative term for a nonpracticing entity (NPE) that sues a company for infringing its patent.
By Matthew Siegal
11 minute read
January 18, 2013 | Inside Counsel
Technology: Are you an Apple or a Samsung fan?There was a time when fans rooted for teams with fanciful names on their shirts and when championships had names like the Cotton or Orange Bowl.
By Matthew Siegal
12 minute read
December 21, 2012 | Inside Counsel
Technology: In search of lower Federal Circuit reversal ratesBy various measures, the Federal Circuit reverses district court claim interpretations at a very high rate, suggesting to some that the claim game has become a game of chance.
By Matthew Siegal, Etan Chatlynne
10 minute read
December 07, 2012 | Inside Counsel
Technology: Are gripes against software patents “invalid”?Many current authors and commentators (though perhaps not as many patent attorneys) contend that the U.S. Patent and Trademark Office (PTO) is fine at examining patents for mechanical devices and pharmaceuticals, but argue that we need a whole new system for examining software inventions best understood by those under 40.
By Matthew Siegal
9 minute read
November 23, 2012 | Inside Counsel
Technology: The patent as a sword? No kidding!A recent spate of news articles and opinion pieces suggests that the patent system is broken.
By Matthew Siegal
9 minute read
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