The Business of Patents

Yahoo v. Facebook - Statutory Subject Matter Defense May be Key

Patent Infringement Complaint

Yahoo v. Facebook Complaint

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...

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Patent "Trolls": Effects of the U.S. Written Description Requirement and Continuation Practice

Patent Troll or NPE?

U.S. Patent Practice and the Proliferation of NPEs

The emergence of so-called “patent trolls” or their less pejorative name “non-practicing entities” (NPEs) has been a controversial topic for...

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Can I Make My Patented Product?—The Negative Monopoly Provided by Patents


Negative Monopoly

Patents Provide a Right to Exclude (Image: twobee /

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...

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Selecting Trademarks--How the Car Companies Do It

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 to their “strength” as an indicator of source, i.e., as...

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Industry Spotlight: Protecting Renewable Energy Technologies

Renewable Diesel Patent

US Pat. 8,105,399 for Production of Renewable Diesel by Pyrolysis and Esterification

Renewable energy technologies such as those that use biomass, solar energy, wind energy, etc. are of great interest due to the...

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