February 28, 2023 | The Legal Intelligencer
Offer or Quote—Contract Question Remains the Source of Patent PerilIn Pfaff v. Wells Electronics, 525 U.S. 55 (1998), the U.S. Supreme Court articulated a two-prong test, holding the on-sale bar applies when, before the critical date (one year prior to the filing date of a patent application), the claimed invention was the subject of a commercial offer for sale and ready for patenting.
By Shawn Leppo and Yangmo ("Harvey") Ahn
7 minute read
April 20, 2022 | The Legal Intelligencer
Forum Selection Clause Precludes IPR—Non Conveniens Becomes ImpossibilisParticularly when it may not be known at the time of drafting whether patents, trademarks or other specific intellectual property will ultimately be relevant, attorneys should consider forum selection clauses that foreclose alternative courts but not other forms of administrative proceedings.
By Shawn Leppo
7 minute read
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