Design patent infringement
Design patent infringement isn’t just exact copying. Instead, the test is if an “ordinary observer” will see “substantial similarity.” Determining if a … Read more
Litigation
Amazon and IP disputes
Amazon.com is enough of an 800-pound-gorilla that its IP policies can impact trademark, copyright, and patent strategy. Amazon is not kind to … Read more
Ex Parte Reexamination
Are you having problems with a patent that you believe is invalid? Know about uncited prior art? Consider filing a Patent Ex … Read more
Patent claim ambiguity: 35 USC 112 rejections
Patent claims can’t be ambiguous. Under 35 USC 112, the claims (combined with the specification and prosecution history), must clearly teach the … Read more
Wands factors and patent enablement
Use the Wands factors to help prevent your biotech, chemical, AI, and other unpredictable arts patent application from being rejected for lack … Read more
Patent forum shopping
In the TC Heartland v. Kraft Food case, the Supreme Court ruled that the Eastern District Court of Texas is no longer … Read more