ATTENTION DIGITAL AND BOARD GAME DEVELOPERS!

ATTENTION DIGITAL AND BOARD GAME DEVELOPERS! One area of practice that I particularly enjoy is helping game developers secure their intellectual property rights. The gaming industry is interesting from a legal perspective particularly because it involves the three main areas of IP protection: trademarks, copyrights and patents. It is well established that games of chance […]

OFFENSIVE AND DEFENSIVE PATENTING AS A STRATEGIC OPTION TO PROTECT YOUR INVENTIONS

OFFENSIVE AND DEFENSIVE PATENTING AS A STRATEGIC OPTION TO PROTECT YOUR INVENTIONS A patent gives the patent owner the ability to exclude someone else from practicing the claimed invention, which can lead to market exclusivity if a product is within the scope of an issued patent claim. But an important strategic option could be a […]

THE HATCH-WAXMAN ACT (SIMPLY EXPLAINED)

THE HATCH-WAXMAN ACT (SIMPLY EXPLAINED) The Hatch-Waxman Act (formally known as the Drug Price Competition and Patent Term Restoration Act) is a law passed in 1984 that created the generic drug industry as we know it today in the United States. The Hatch-Waxman Act was created in response to a court case called Roche Products, […]

WHAT IS A WRITTEN DESCRIPTION IN A PATENT?

WHAT IS A WRITTEN DESCRIPTION IN A PATENT? A critical aspect in patent drafting is the “written description requirement” (35 USC §112(a)). This is a standard feature of all patent systems, which requires that claims be “supported” by the specification. Shortfalls in meeting the written description requirement are common mistakes that can get inexperienced patent […]

DEVELOPMENTS IN OBVIOUSNESS LAW AND HOW IT COULD AFFECT YOUR INVENTION

DEVELOPMENTS IN OBVIOUSNESS LAW AND HOW IT COULD AFFECT YOUR INVENTION In the recent Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc., No. 2017-2078 (Fed. Cir. Sept.10, 2018) decision, the Federal Circuit (the US appeals court for all patent cases) made a very harsh obviousness conclusion that may leave a big potential round of financing from […]

WHY CHOOSE AN IP LITIGATOR?

WHY CHOOSE AN IP LITIGATOR? Many businesses have intellectual property such as patents, trademarks, or copyrights. In many cases, a time will come when you think someone is infringing those intellectual property rights. In other cases, you may receive a letter (or lawsuit papers) alleging you are infringing someone else’s patent, trademark, or copyright. For […]

WHAT DOES IT TAKE TO GET A PATENT? PERSEVERANCE IS A KEY INGREDIENT

WHAT DOES IT TAKE TO GET A PATENT? PERSEVERANCE IS A KEY INGREDIENT What does it take to get a patent issued? One ingredient that clients often struggle with is perseverance. The reality of getting an issued patent is that it is often a struggle. For those caught in this trap — you should get […]

Crowd Funding Boost? Crowd Funding Patent Invalidated by Kickstarter

US Patent 7,885,887, claiming crowd funding, is invalid under §101. “The ‘887 Patent claims only the abstract and time-honored concept of patronage, and even the addition of an element of computer use is insufficient to render it valid under Section 101 of the Patent Act, 35 U.S.C. § 101.” Kickstarter’s motion for summary judgment is granted