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The Legal Intelligencer

Offit Kurman Hiring Spree Continues With 4 From Caesar Rivise

The mid-Atlantic midsize firm added four IP principals in Philadelphia.
4 minute read

The Legal Intelligencer

Avoiding Loss of Patent Rights in the Post-America Invents Act Era

Many observers greeted the Sept. 16, 2011, passage of the Leahy-Smith America Invents Act (AIA) into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA's more than 25,000 words contained?
10 minute read

Daily Business Review

General Practice Firms, Big IP Boutique Partnerships Provide Needed Specialization

As technology booms across South Florida, general practice (GP) firms with limited patent resources face ever-more complicated and technical patent questions. Such questions are sometimes so narrow and specialized that few attorneys in the United States have the measure of technical experience needed to provide solid answers.
6 minute read

New York Law Journal

Patent Coverage of Impossible Embodiments: A Cautionary Tale for Patent Owners, and Lingering Questions

Patent owners asserting their patents in litigation will often seek broad claim constructions to cover accused products and forestall defendants' non-infringement defenses. However, a recent decision illustrates potential pitfalls of this strategy even aside from traditional concerns about reading claims so broadly as to cover prior art.
8 minute read

New York Law Journal

Standard for Showing When a Reference Is a 'Printed Publication'

In 'Hulu v. Sound View Innovations,' the Patent Office's Precedential Opinion Panel is set to decide what showing a petitioner must make to establish that a reference was publicly available prior to the date of the challenged patent, thus qualifying as a printed publication. In their Intellectual Property Litigaion column, Lewis Clayton and Eric Alan Stone discuss 'Hulu' and other cases considering this issue.
8 minute read

The Recorder

Rethinking Patent Assignment Agreement: A Look at 'Lone Star v. United Microelectronics'

In the wake of Lone Star, parties transacting for patent rights ought to consider whether the controlling agreement might constitute a license, even if it purports to be an assignment agreement.
5 minute read

The Legal Intelligencer

Venue and No-Challenge Provisions in Patent Licenses

Patents are a form of property and, like other forms of property, patents can be licensed or sold. Patent owners often do not want to sell a patent because they are interested in maintaining rights to the commercial benefits of the patent.
7 minute read

New Jersey Law Journal

Branding Cannabis: How IP May Unlock the True Value of the Green Rush

Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.
9 minute read

The Legal Intelligencer

Reflections on Potential Legislative Reform of the Patent Eligibility Standard

In recent years, one of the most important and controversial developments in U.S. patent law relates to the standard for whether an invention is “patent eligible,” or in other words, whether an invention falls within the scope of subject matter that is capable of being patented.
10 minute read

New York Law Journal

Takeaways From the Recent Qualcomm Decision

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz write: On May 21, California federal judge Lucy Koh ordered a sweeping injunction against cellphone chipmaker Qualcomm, requiring the company to renegotiate its licenses and alter its business model. The case was long-anticipated to have a significant impact on intellectual property law and the technology industry by clarifying the obligations of standard essential patent holders to license their technology on fair terms and deal with competitors. It has exposed tensions between the DOJ and FTC, and within the FTC itself, and public scrutiny is far from over as the case heads to the Ninth Circuit on appeal.
12 minute read

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