Forcing patent holders to commit to their positions as early as possible is critical for successfully defending a patent case. There is often tension between the patent holder’s infringement case and its validity case, and it is important to force and pin
Read More
As a follow-up to our original post on the Prometheus case, we did a search to see if there were other patents related to the ones struck down by the U.S. Supreme Court, i.e., U.S. Patent No. 6,355,623 and 6,680,302. These patents
Read More
If your business is based on patented diagnostic test methods, you may want to pay attention today’s U.S. Supreme Court opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc. In this case, the Court unanimously reversed the Federal Circuit Court of Appeals
Read More
Selecting a patent lawyer, or any lawyer, can be challenging. Especially if you are new to the patent process, it can be difficult to know what to look for or what questions to ask. We have developed some tips that can
Read More
The patent infringement lawsuit filed by Yahoo on Monday has caused quite a stir. Not only has the timing of the suit raised eyebrows because of Facebook’s impending IPO, but so has the subject matter of the patents-in-suit. A closer look at
Read More
The emergence of so-called “patent trolls” or their less pejorative name “non-practicing entities” (NPEs) has been a controversial topic for some time now. Those who become frequent target of NPE lawsuits are understandably hostile to NPEs or anything that increases their litigation
Read More
One of the most frequently misunderstood concepts in patent law is that it is a negative monopoly. That means a patent provides a right to exclude other people from making, using, selling, offering to sell or importing what the patent claims.
Read More
While this blog is called The Business of Patents, from time to time we will discuss other areas of intellectual property law. Today, we will focus on trademark law, and in particular, on the selection of a trademark. Trademarks are characterized according
Read More
Renewable energy technologies such as those that use biomass, solar energy, wind energy, etc. are of great interest due to the volatility of the oil market and concerns about the country’s dependence on foreign sources of oil. In this post, we look
Read More
Software has perplexed the intellectual property community for some time. It seems beyond dispute that companies invest a great deal of money in developing software and that it can have great value. Most would agree that the investment companies make in software
Read More