This site uses modern web standards that aren't supported by your browser. For best results, please upgrade to Google Chrome, Microsoft Edge, or Mozilla Firefox.

New Legislation: A Golden Age for Trade Secret Trolls?


New Legislation: A Golden Age for Trade Secret Trolls?

|

Where am I - content-blog-article.php

Companies in recent decades have been beleaguered by cyber espionage and theft of proprietary materials and trade secrets. Most states have statutes creating a cause of action for companies to seek redress for these wrongs but currently no parallel cause of action exists at the federal level. This past July, the Defend Trade Secrets Act […]

A Goliath Story: Challenging the Constitutionality of IPRs

|

Where am I - content-blog-article.php

Post issue review processes like inter partes review (IPR) were touted during drafting passage of the America Invents Act (AIA) as the perfect tool to combat the plague of non-practicing entities, more commonly known as patent trolls.  However, reality turned out to be much different than what was intended by lawmakers.  When challenged by IPRs, […]

The Federal Circuit and §112(f): Shifting Winds of Jurisprudence

|

Where am I - content-blog-article.php

Since the 1990s, the Federal Circuit has consistently looked at §112(f) as being presumptively against a means-plus-function claim construction.  The case law first raised the presumption to “strong” in Lighting World, then “strong…that is not readily overcome” in Inventio, then making it nearly impossible to assert §112(f) in Flo Healthcare Solutions.  Flo allowed the Federal […]

Congress Combats Patent Trolls by Revising Post-Issuance Proceedings

|

Where am I - content-blog-article.php

Patent trolls, beware!  Patent reform legislation currently pending in both houses of Congress is aimed at fixing what is considered by many as a broken patent system and at reducing the flood of corresponding litigation.  Among a plethora of other modifications, the proposed bills would make changes to both the post-grant review (PGR) and the […]

NPEs, Standards of Practice, and Communicating The Uses of Patent Information for Business Decision Making: Highlights from PIUG 2015

|

Where am I - content-blog-article.php

What do NPEs, international standards of practice, semantic searching and a visual gallery of weird cereals have in common?

New CAFC Standard Elevates Importance of Sound Claims

|

Where am I - content-blog-article.php

The importance of sound claims in a patent application is well understood, but a recent U.S. Supreme Court ruling in a patent infringement case underscores the need to ensure that a patent’s claims are in final, defensible condition at the time of the initial application.