Can you license your technology to another company and accidentally lose your right to sue copycats? According to a recent decision by the Federal Circuit Court of Appeals (CAFC), the answer depends entirely on how carefully you draft your contract. In ALM...
This is the second in our series of posts breaking down the fundamentals of patents. In [Part 1], we discussed the scope of a patent and the process of obtaining one. Today, we’re focusing on the payoff: the benefits of a patent and how you can enforce your...
This week, Actelion Pharmaceuticals (“Actelion”) failed in its effort to hold Mylan Pharmaceuticals (“Mylan”) liable for infringing its patents on a highly successful hypertension drug, Veletri®. The Federal Circuit’s decision serves as a stark reminder to...
The legal battle over Generative AI reached a fever pitch this past week as five of the world’s largest publishing houses—Elsevier, Cengage, Hachette, Macmillan, and McGraw Hill—joined forces with celebrated author Scott Turow to file a massive copyright...
Recently a new client came to me regarding whether his invention was patentable. I thought about this post and thought I'd repost it. This is the first in a series of informational posts designed to demystify the core pillars of intellectual property law. Today, we...
Recently, the U.S. Court of Appeals for the Federal Circuit issued a significant reversal of a California district court’s finding of trade secret misappropriation. In the case of International Medical Devices, Inc. (IMD) v. Cornell (April 2026), the court...
Sunday, April 26th is World Intellectual Property Day. Established in 2000 by the World Intellectual Property Organization. (WIPO), this day serves a vital purpose: to pull back the curtain on the world of intellectual property (IP) and show how it shapes our daily...
In a major blow to copyright holders, a recent high stakes battle between Cox Communications and Sony Music Entertainment has redefined the boundaries of internet service provider (ISP) liability. The Background: 163,000 Red Flags As an ISP, Cox...
In patent law, making sure that all the correct inventors are named in a patent application is critical to the validity of the patent. If an inventor is incorrectly included, or if an inventor is omitted from the list of named inventors, it can result in a patent...
A patentability search and assessment is always recommended when evaluating whether your invention would be entitled to meaningful patent protection. The search also helps to inform the inventor and patent attorney where there may be areas of more narrow protection...
A client of mine read this post and found me. He recently contacted me about a different matter, and it reminded me of this post, so I thought I would share it again. We hear a lot these days about cost cutting and austerity. I also hear a bit of grousing from...
Earlier this year, I wrote about the federal Defense of Trade Secrets Act passed by the senate. This month, President Obama signed the act into law. The law (“DTSA”) creates a federal cause of action for theft of trade secrets. This means...
