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Assignor Estoppel is a patent law doctrine dating back to the 1870 Patent Act and first recognized by the Supreme Court in in the 1924 decision of Westinghouse Elec. & Mfg. Co. v. Formica Insulation. This doctrine prevents an inventor from assigning a patent to...
At the end of June, the U.S. Supreme Court decided United States v. Arthrex, which concerned the constitutionality of the decision power of administrative patent judges (APJs). APJs are employees of the United States Patent & Trademark Office (USPTO) that, among...
For an applicant to be granted a patent, the patent claims defining the invention must be written so as to satisfy several criteria, including novelty, non-obviousness, clarity, and definiteness. Historically, satisfying these four criteria has been the primary...
Patent trolls are patent assertion entities who buy up patents from bankrupt businesses, auctions and inventors for pennies on the dollar. They traditionally would then use these purchases to go after large corporations and sue for infringement. They do not engage in...
U.S. Commerce Secretary Wilbur Ross and the United States Patent and Trademark Office (USTPO) recently inducted 19 of the country’s greatest inventors (nine of which are still living) into the National Inventors Hall of Fame. The gala event, held at the National...
It is important to understand the implications of technology patents for real-world applications. A thorough evaluation by experienced intellectual-property counsel can uncover ways to use a patent that the owner may not have been previously considered.Three levels of...
The USPTO has recently promulgated new guidance related to computer- and software-related patent applications. The new guidance changes how USPTO examiners are to determine patent eligibility of such applications.Before, examiners were to follow a two-step analysis...
Cannabis has become an attractive industry for entrepreneurs as more states legalize its use for medical purposes, as well as a recreational drug. As a result, protecting brands, processes, trade names, logos and other intellectual property has become a more critical...
UGG boots have been popular women’s winter wear for more than a decade. For much of that time, UGG’s parent company Decker Outdoor Corporation (DOC) has spent considerable time and effort to protect its soft, moccasin-like boot made of sheepskin with a...
Intellectual property rights are established to create legal protection so companies do not steal products or ideas. However, there are a growing number of cases where companies are engaging in playful back and forth using parody. This seems to be particularly popular...
