On June 21, 2017, U.S. Senators Chris Coons (D-DE), Tom Cotton (R-AR), Dick Durbin (D-IL), and Mazie Hirono (D-HI) introduced the STRONGER Patents Act of 2017 with the goal of strengthening the U.S. patent system by making it easier and cheaper for patent holders to enforce their patents. STRONGER (Support Technology and Research for Our […]

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U.S. Supreme Court Limits Where Patent Infringement Defendants Can be Sued

In TC Heartland LLC v. Kraft Foods Group Brands LLC, the U.S. Supreme Court limited the locations that patent infringement suits can be brought against a defendant, i.e., venue for the lawsuit.  Proper venue is established by 28 U.S.C. § 1400(b) as the place where (1) the defendant resides or (2) where the defendant has […]

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Prepping for Protection: First Steps to Developing an IP Strategy

Whether you are an individual, a start-up company, or an existing business, two of the hardest (and most important) questions are: “Do I have intellectual property?” and “How do I protect it?” First, having a qualified attorney will help make answering these questions significantly easier and they can help guide you through the development of […]

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The Supreme Court changes patent law again on how long can a plaintiff wait to file a patent infringement action

If a plaintiff files an infringement action against a defendant, federal law imposes a statute of limitations that there can be no recovery for infringement more than six years before filing of the complaint or counterclaim asserting infringement. 35 USC § 286. Separately, the concept of “laches”is a defense that can be used by a […]

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When the Unthinkable Happens: IP Considerations for Bankruptcy

In the event that the unthinkable happens and bankruptcy becomes the only course of action for businesses, having not only a good bankruptcy attorney, but also having an involved IP attorney is vital to ensure that rights in valuable intellectual property are appropriately addressed and maintained. A basic understanding of Chapter 7 and Chapter 11 […]

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Post-Grant Reviews under the America Invents Act

The America Invents Act implemented the Post-grant Review (PGR) process as a new means of challenging existing patents. PGR differs from Inter Partes Review (IPR) in that PGR allows for a wider array of invalidity challenges. One example of a new challenge allowed under PGR is the ability to challenge the claims as being indefinite. […]

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USPTO Data Visualization Center

Have you ever wondered how long the typical time before a first Office Action in a pending patent or trademark application is?  Or am I the only one waiting for some months after filing an RCE to have my patent application reexamined?  Or what is the average length of time a patent application or trademark […]

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Environmental Patent Litigation: A Filewrapper® Series on Environmental Technology and Patent Protection-Part V

In this final week of the Filewrapper® series on considerations for environmental technology, we will be discussing environmental intellectual property litigation and wrap up with final conclusions and thoughts. The grant of a patent is the right to exclude others from the practicing the invention. On the other end of the spectrum is technology that […]

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Patent and Trade Secret Protection Considerations: A Filewrapper® Series on Environmental Technology and Patent Protection-Part IV

In this fourth week of the Filewrapper® series on considerations for environmental technology, we will be discussing the tensions that arise in protecting environmental technology through either patents or trade secrets. As with any invention, the selection of trade secret or patent protection comes down to value of the technology as either proprietary or a […]

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USPTO Programs and Options: A Filewrapper® Series on Environmental Technology and Patent Protection-Part III

In this third week of the Filewrapper® series on considerations environmental technology, we will be discussing USPTO efforts and programs designed specifically for environmental technologies. The concept of prioritizing green technology patents is not new to the USTPO. On December 8, 2009, a USPTO pilot program was launched to accelerate review of green technology patent […]

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