This article reviews the outcome of a recent patent infringement lawsuit involving futures trading software. A key part of the court's opinion in the case in question turned on the idea that where a "parent" patent had an express limitation,...
Licensing agreements commonly contain a clause granting the licensor an audit right. This article points out that the parties signing a licensing agreement commonly overlook this clause, and that this can lead to bad outcomes for both over the...
This article discusses a couple of reasons why stable startups with valuable patentable intellectual property may want to consider taking the step of obtaining patents at an earlier rather than a later stage.
This article decries certain questionable practices in intellectual property litigation involving the calculation and awarding of damages. The article notes a $100 million dollar default judgment in a recent lawsuit and points out that these...
This article addresses the various mechanisms by which an inventor can change their patent application after it is filed with the USPTO. It reviews the appropriate uses of each way of changing a patent application and highlights the various...
This article looks to the history of prior patent reforms and explains why we might see a stampede to file patents prior to the upcoming effective date of the America Invents Act. The article also outlines the arguments about why this patent...
In the past year, sweeping legislation reforming America's patent system passed Congress and was signed into law by the President. In light of many of these changes becoming effective in less than a year, this article aims to familiarize...
This article points to a recent example from the Samsung v. Apple patent litigation to highlight the idea that large law firms' ability to throw bodies at a problem does not necessarily lead to more effective results. In this litigation, one of...
This article continues a series which explains legal concepts in both words and (often funny) pictures. This entry continues looking at common agreements into which businesses enter by reviewing licensing agreements. It points to these...
This article notes a decision in the Oracle v. Google copyright infringement litigation which was nominally in favor of Oracle but in reality did not move the needle all that much. The article points to the mixed nature of the decision and...