The Business of Patents

Monetizing Your Patents – The Dangers of Declaratory Judgment Jurisdiction

Now you have your shiny, new issued patent, and you want to go forth and profit from it.  To do that, you need to let all of those “infringers” (okay, “potential licensees”) know that you have a patent and that they should pay up. Not so fast.  Are you prepared to be...

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The America Invents Act: This Isn't Your Father's On-Sale Bar

With the implementation of the America Invents Act (AIA), the United States went from a first to invent to a first inventor to file system of determining priority of patent rights. However, that was not all that changed with the implementation of the AIA. The AIA includes some significant changes to the on-sale...

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Employees Who Assign Patent Rights to Employers May Have Standing to Challenge Omission as Inventors

Employers do not automatically obtain legal ownership of the patent rights to their employees' inventions simply because of the employer-employee relationship.  Thus, it is a standard practice to require employees to assign their patent rights to their employers in an employment agreement.  This practice raises the following question: Can an employee (or ex-employee)...

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En Banc Federal Circuit Clarifies Divided Infringement Rules

Last week, the Court of Appeals for the Federal Circuit vacated the May 13, 2015 panel opinion in Akamai Technologies, Inc. et al. v. Limelight Networks, Inc. (Fed. Cir., Slip Opinion Case No. 2019-1372, -1380, -1416, -1417) and issued a new en banc opinion.  A copy of the en banc opinion can be...

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Federal Circuit Decision Concerning “Means-Plus-Function” Claiming

When drafting patent claims for a device, it is often desirable to describe the device based on how it works instead of how it is structured.  Describing a device based on how it works is often referred to as “functional claiming.”  Claims that make use of functional claiming are frequently broader in scope...

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