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The Rollercoaster Ride of Gene Therapy

Gene therapy has had several ups and downs since the idea of editing genes for therapy was first published in 1972. While there have been several instances of successful attempts of treatment in humans, there have also been cases failures which have, at times, temporarily halted clinical studies. One of the main issues with gene […]

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Palm Restaurant Dispute Leads to Big Monetary Damages

By Kirk M. Hartung

A lawsuit filed in New York State court in 2012 on behalf of minority shareholders of the famous Palm Restaurant has a recent court decision awarding over $71 million to the plaintiffs against defendants for breach of fiduciary duty. This dispute among family members is premised upon 54 undervalued intellectual property licenses and a reasonable […]

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Coffee by Drone Delivery

By Kirk M. Hartung

The use of drones in various business applications is becoming common. For example, drones with cameras are used to inspect farm crops, to search natural disaster areas, to provide news coverage,  and to make Hollywood films.  Historical business are being reinvented and new businesses are being developed by the use of these unmanned aerial vehicles. […]

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It’s Better to Show that Claims Belong to an Unpredictable Art

By Blog Staff

A non-precedential opinion does not establish a new law, but usually offers good patent application drafting and prosecution tips. BASF CORPORATION v. ENTHONE, INC., came out from the Court of Appeal of the Federal Circuit (CAFC) last Friday, and reminded me of a good tip: include evidence in the record to show that the claims […]

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Protecting Your Nanotechnology Inventions – Part 3: Enabling Your Invention

By Jonathan L. Kennedy

In granting patent rights, i.e., the right to exclude others from making, using, selling, and importing, the government requires that the inventors educate the public as to their invention by adequately describing it and enabling it. Enablement is a question of whether the application contains sufficient information so as to enable one skilled in the […]

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Ground Control to Robot Tom: Will U.S. Aerospace Corporations Move Into Unmanned Aerial Systems Innovation?

By Sarah M.D. Luth

Earlier this month the House Committee on Transportation and Infrastructure’s Subcommittee on Aviation held a hearing regarding the emergence of new aerospace technologies—particularly Unmanned Aerial Systems (UAS) and Unmanned Aerial Vehicles (UAV) — and how they can be incorporated into existing airspace systems. As unmanned aerospace innovation grows, regulatory agencies correspondingly must consider how to […]

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Patent Eligibility: Hope from the PTO Director

By Kirk M. Hartung

On Monday, September 24th, the Director of the U.S. Patent & Trademark Office, Andrei Iancu, stated in a speech to the Intellectual Property Owners Association that his agency is working on new guidelines that address the “mushed up” and “muddled” case law on patent eligibility under 35 USC 101. Once again, Iancu has acknowledged that […]

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Can Starbucks Stop a Competitor from Using the Term “JEW BUCKS” After In re Slants?

By Christine Lebron-Dykeman

In 2014, SwordPen Publishers LLC filed a trademark application for the mark JEW BUCKS SMART MONEY. RICH COFFEE. for use in connection with restaurant services featuring coffee and espresso drinks. At that time the United States Patent and Trademark Office took it upon itself to stop the registration of this mark under the now defunct […]

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Post Grant Review and Inter Partes Review At a Glance

By Blog Staff

Patent Office reviews known as a Post Grant Review (PGR) or Inter Partes Review (IPR) of issued patents are constitutional, Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 138 S. Ct. 1365, 1370 (2018), likely to avoid some sovereign immunity challenge, Saint Regis Mohawk Tribe v. Mylan Pharm. Inc., 896 F.3d 1322 (Fed. […]

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Leftover Pizza? Domino’s Reheats Pizza Hut’s Invalidity Claim Against Ameranth Inc.

By Gregory Lars Gunnerson

Ameranth Inc. asserts it is a leading provider of wireless and Internet based solutions for the hospitality/gaming markets and that it has a very strong intellectual property portfolio including numerous strategic patents in technologies such as Wireless POS, Table Management, Reservations Management, Mobile Concierge, Electronic Menus, Guest Surveys, Inventory Management, Health Care Services and Enrollment […]

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