Offensive and Defensive Patenting as a Strategic Option to Protect Your Inventions

{3:00 minutes to read} 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 defensive patent filed to establish a record of prior art to impede someone else from monopolizing a competitive space.

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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.

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Live Events: Managing Risk for Success

Promoters of live events such as festivals and music performances have multiple aspects to coordinate before an event can successfully take place. Without a doubt, experienced promoters know that the support of legal counsel is crucial in every step of the way: from booking the artists, to selecting the venue as well as obtaining the proper insurance coverage, and securing releases, vendors and other attractions.

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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 some comfort from the fact that many of the most innovative concepts have often taken years to get out of the patent office.

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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 inexperienced patent attorneys and “do it yourselfers” can get into trouble with.

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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 Acorda investors out in the cold. I believe this decision, while directed to the life sciences specifically, is instructive in all areas of technology, and illustrates the importance of using an experienced patent attorney.

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You Have A Book Deal Offer - Now What?

My clients have learned from their mistakes and currently understand the importance of having the advice of a qualified attorney prior to signing with a publisher. Because these mistakes or pitfalls often come with a hefty price tag down the line, in this article we share with our readers important negotiation points that are commonly found in a standard publishing contract. 

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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 businesses that need to enforce or defend their intellectual property rights, the clear choice is to hire an experienced IP litigator. Here’s why:

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