Use Open Families to Combat Design-Arounds
A perennial challenge in patenting is to both cover your product and block design-arounds. It is understandably frustrating to incur the expense and disclosure requirements of the patent process only…
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Your Employee Handbook May be Deficient for Capturing Patent Rights
By Dominic Frisina Is your employee handbook sufficient to capture patent rights in your employee’s inventions? The Federal Circuit case of Omni Medsci v. Apple illustrates one reason why it…
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Amgen is Not the End of Chemical Innovation
By Dominic A. Frisina Some chemical innovators have found the recent Supreme Court decision in Amgen v. Sanofi to suggest that chemical inventions will be subject to new and draconian disclosure…
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Amgen Ratifies CAFC’s Requirement to Enable a Claim’s Full Scope
By Dominic A. Frisina, and Hannah P. Mink The Court’s reasoning in Amgen v. Sanofi upholds the Federal Circuit’s long-standing requirement to enable the full scope of a claimed invention.…
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SCOTUS to Rule on Abitron’s Foreign Application of the Lanham Act
By Dominic A. Frisina Can the Lanham Act apply to the conduct of foreign entities occurring entirely outside the United States and, if so, what is the test? The…
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Dear Patenticity: Infringed and Weighing a C&D Letter
Dear Patenticity, We recently found that an out-of-state competitor is infringing one of our patents. I know we need to put a stop to it, but I’m worried about…
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Dear Patenticity: Patent Prophet
Dear Patenticity, I have a chemical invention and I want to obtain the broadest coverage I can. The problem is I have not done much lab work, so I only…
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Dear Patenticity: Still Inventing
Dear Patenticity, My company has several new product concepts under development right now, and some are very early in the design process. We are in a very competitive space, so…
Dear Patenticity: Should I Renew?
Dear Patenticity, My start-up has a small portfolio of about a dozen patents covering our core technology. One of those patents has the 11.5 year maintenance fee coming due in…
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Dear Patenticity: Worried About Alice
Dear Patenticity, My startup is working on what we believe is a game-changing software application and we are concerned about others taking our idea and fielding a competitive product based…