Publications

  • Patent Reform: Changes to Reissues and the New Supplemental Examination Procedure

  • From Your Office to the Patent Office: Tips on Gathering and Identifying Patentable Employee Inventions
  • Tips on Controlling Intellectual Property Protection Costs: What Business Owners Need to Know
  • Patentability of Process Claims and Business Method Inventions with No “Machine or Transformation”

  • Patent Reform: Transitional Review of Business Method Patents Under AIA

  • Patent Reform: New Section 298 Will Preclude Patentees from Proving Willfulness or Inducement Through an Alleged Infringer's Failure to Obtain or Provide Evidence of an Opinion of Counsel

  • “First-Inventor-to-File” to Replace the Current “First-to-Invent” System

  • Leahy-Smith America Invents Act Ratchets Up Fees 10 Days After Enactment

  • Stanford v. Roche: Part II: The Supreme Court Has Spoken
  • Post-Issuance Options: The Benefits and Risks of Reexamination and Reissue
  • Obviousness of Pharmaceuticals - Patentability Over Known, Structurally Similar Compounds
  • Stanford v. Roche, the Bayh-Dole Act, and the Possibility of Unintended Consequences

  • While Not Right for Every Invention, Trade Secret Protection Has Its Appeal
  • Considerations for Software Patent Claims in the United States, Europe, and Canada
  • Where (and Even When) Does KSR Belong in Obviousness Arguments?
  • Patent Data, Prior Art, and Operational Transparency at the USPTO
    • Dennis D. Crouch

  • Free, But Not Without Risk: Open Source Licensing in the Wake of Jacobsen v. Katzer
  • A Survey of the Peer to Patent Pilot Project
    • Eric Hamp
  • The Federal Circuit Decides to Reconsider Inequitable Conduct
  • Citation by IDS: So What if I Didn't?

  • Questions Surrounding a Shift to an "Abstract Idea" Test
  • Viewpoints on Life After Bilski v. Kappos
  • With Bilski Having Come and Gone, It's Time to Get Back to Work
  • Avoiding Abstract Claims by Broadly Defining the Problem
    • Dennis D. Crouch
  • A Critique of Bilski's Textual Analysis
  • Bilski v. Kappos: Effects on Biotechnology Patents

  • Enablement: The Federal Circuit Raises the Bar (Again)
  • Rule Changes to European Patent Practice
  • Trade Secret Basics: What Every Business Owner Needs to Know

  • Maintaining Confidentiality in Technology Transactions: New Problems with an Old Concept
  • Patent Valuation: How to Reduce Vulnerability and Increase Value
  • Revisiting the Patent Eligibility of Genes

  • Shire LLC v. Sandoz Inc.: Issue Preclusion and Markman Decisions
  • Copyright Basics: What Every Business Owner Should Know
  • It Only Took a Hundred Years: The Federal Circuit Finally Settles the Doctrine of Infringement of Product-By-Process Claims
    • Eric Hamp

  • Gene Patenting after In re Kubin: The Sky is Not Falling
  • The ABC's of ® and ©: Taking Note of Notice
  • The USPTO's New Written Description Training Materials: Impact on Biotech

  • Tafas v. Doll

  • News from the USPTO
  • Navigating Inventorship in the Chemical Industry
  • Of Machines and Metamorphoses - Process and Software Claims After In re Bilski

  • Practical Patent Tips: How to Conduct an Effective Inventor Interview
  • Where Does the USPTO Go after Tafas/GSK v. Dudas?
  • Computer-Implemented Claims Limitations and 35 USC SS 112, paragraph 6

  • Seagate: Reports of the Death of Opinions of Counsel Have Been Greatly Exaggerated
  • It's Not Easy Selling Green
  • Follow-on Biologic Drugs and Patent Law: A Potential Disconnect?
  • Patent Litigation Under a Future Biosimilars Act

  • Duty of Disclosure: Citation of Non-Patent References
  • E-Discovery FAQ: Part 2: Litigating Today Under the New Electronic Discovery Amendments
  • Trademark Infringement by the Sale and Use of Search Engine Keywords

  • ESI: Electronically Stored Information PowerPoint

  • Federal Circuit Further Limits Doctrine of Equivalents Under "Specific Exclusion" Principle
  • mbhb News: Welcome New Associates
  • Avoiding Patent Owner Disputes
    • Raef M. Shaltout
  • USPTO Patent Prosecution Practice Rule Changes

  • Due Diligence in Patent Licensing Transactions
  • Patent Reform Act of 2005: Recent Developments
  • Find Out What You Have Been Missing with a Trademark Audit
  • Recent Trends in E-Discovery, Part II: Cost Shifting, Burden Shifting, and Immortal Documents

  • Recent Trends in E-Discovery, Part I: New Local Rules and Recent Judicial Opinions
  • The Continued Confusion Over Written Description
  • Legislative Update: Joint Research Agreements May Protect Patent Rights
  • The Primary Source for Claim Construction: Dictionary or Specification?

  • On Your Mark! . . . Get Set! . . .Know!: Marking Fundamentals
  • The Intersection of Trade Secrets and Patent Law: The Prior User Rights Statute, 35 U.S.C. § 273, Part 2
  • Patent Validity Assessments: Your Guide to Avoiding the On-Sale Bar, Part 2
  • Drafting the Technology Game Plan Part 5: Domain Name Protection

  • The Intersection of Trade Secrets and Patent Law: The Prior User Rights Statute, 35 U.S.C. § 273, Part I
  • Festo Extended: Honeywell v. Hamilton Sundstrand
  • Caveat Sender, Part 2: Unintentional Disclosure In Electronic Documents
    • Brian R. Harris
  • Electronic Laboratory Notebooks: Improved Data Storage or Increased Burden?

  • Claim Construction 101: Unlocking the Meaning of Preambles
  • Patent Validity Assessments: Your Guide to Avoiding the On-Sale Bar
  • Drafting the Technology Game Plan, Part 4: Effective Trademark Searching
  • The New Statutory Interference Bar: Should You Monitor Competitors' Published Patents?
  • Caveat Sender: What Else Is Attached to Your E-Mail?
    • Brian R. Harris

  • Drafting the Technology Game Plan, Part 3: Proper Inventorship Determinations
  • National Prejudice: Alive and Well in the WIPO World
  • Tools of the Trade: Scope of the Section 271(e)(1) Research Exemption
  • Festo and the Federal Circuit: The Exception to the Exception to the Exception . . .
  • Doha Revisited: WTO Endorses Parallel Compulsory Licensing

  • From Doha to Baghdad via DC: U.S. Pharmaceutical Policy in a Troubled World
  • "Reach Through" the Searle Decision . . .
  • . . . And Show Me the Chemistry
  • Festo: The Federal Circuit Hears Oral Argument
  • Drafting the Technology Game-Plan, Part 1: Patent Searches
  • Drafting the Technology Game-Plan, Part 2: Opinions of Counsel
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