Milton Springut

August 18, 2005 | New York Law Journal

David A. Kalow and Milton Springut, partners at Kalow & Springut, review a recent decision by the U.S. Court of Appeals for the Federal Circuit that expands the rights of patent holders by allowing a patent to be asserted with respect to foreign activities when the product was manufactured abroad, but replicated from a master copy that was exported from the U.S.

By David A. Kalow And Milton Springut

9 minute read

February 14, 2007 | New York Law Journal

David Kalow and Milton Springut, partners at Kalow & Springut, examine how the Patent and Trademark Office and the courts have dealt with the issue of drawing the line between trade dress and trademarks - a line which can mean the difference between having to face difficult legal obstacles or not.

By David Kalow and Milton Springut

13 minute read

October 31, 2008 | New York Law Journal

David A. Kalow and Milton Springut, partners at Kalow & Springut, write that design patents constitute a relatively small part of most patent lawyers' practices; however, they are among the most valuable forms of intellectual property protection that many clients can obtain. Particularly in the fashion, jewelry and furniture industries, they note, design patents offer a cost-effective means to protect against look-alikes, whether the result of independent creation or copying.

By David A. Kalow and Milton Springut

11 minute read

August 05, 2011 | Legaltech News

For a patent to issue it must be proven useful, novel, and non-obvious. David A. Kalow and Milton Springut of Kalow & Springut examine one of the biggest hurdles innovators and the practitioners who counsel them must overcome to obtain strong patent protection -- convincing a patent examiner that a claimed invention is non-obvious in light of the prior art.

By David A. Kalow and Milton Springut

10 minute read

November 12, 2009 | New York Law Journal

David A. Kalow and Milton Springut, partners at Kalow & Springut, writet hat over the past few decades the pendulum reflecting patentable subject matter, and thus what are patentable processes, has swung very liberally, with courts often pointing to the Supreme Court's citation to Congress' intent to include within the scope of patentable subject matter "anything under the sun that is made by man."

By David A. Kalow and Milton Springut

11 minute read

July 28, 2008 | New York Law Journal

David A. Kalow and Milton Springut, partners at Kalow & Springut, write: Technology disclosure and licensing arrangements are commonly arm's-length business deals. The City of Hope opinion provides guidance to licensing practitioners seeking to avoid creating a fiduciary relationship between the parties - a relationship that imposes heightened duties and can result in tort damages, including punitive damages.

By David A. Kalow and Milton Springut

9 minute read

March 04, 2011 | New York Law Journal

David A. Kalow and Milton Springut, partners at Kalow & Springut, write that the practitioner who counsels clients in the computer and information technology industries should be mindful that, if improperly drafted, the client's patents directed to systems might not be available for them to sue their competitors.

By David A. Kalow and Milton Springut

9 minute read

May 12, 2009 | New York Law Journal

David A. Kalow and Milton Springut, partners at Kalow & Springut, review a recent opinion where the Federal Circuit found a patent holder's claims to be invalid for failing to comply with the written description requirement. This finding of invalidity was based on a failure of the disclosure; had the disclosure been drafted differently, the claim might have survived.

By David A. Kalow and Milton Springut

11 minute read

July 18, 2005 | New York Law Journal

David A. Kalow and Milton Springut, partners at Kalow & Springut, write that a recent Federal Circuit case regarding the assignability of consent judgments in intellectual property cases may have significant effects on the practice of intellectual property law.

By David A. Kalow and Milton Springut

13 minute read

January 13, 2010 | New York Law Journal

David A. Kalow and Milton Springut, partners at Kalow & Springut, analyze the impact of and the issues left unresolved by In re Bose Corp., where the Federal Circuit rejected the six-year-old standard for showing fraud on the Patent and Trademark Office in obtaining trademark registrations - "should have known" of the falsity. That standard, according to the Federal Circuit, constituted mere negligence, where fraud requires a showing of "subjective intent to deceive." But while Bose raised the standard for proving fraud in TTAB proceedings, that has not and will not put an end to allegations of fraud.

By David A. Kalow and Milton Springut

13 minute read