Attorneys Handling Patent

The Federal Circuit. recently rejected the patent venue test established by Judge Gilstrap of the Eastern District of Texas.  The three-judge panel found that Judge Gilstrap applied an incorrect legal standard in Raytheon Co. v. Cray Inc. when he refused to transfer the patent suit after applying his own test and determining that Defendant Cray maintained […]

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The U.S. Patent Act (35 U.S.C. § 271(a)) grants a patent owner the right to prevent others from making, using, selling, offering for sale or importing a patent invention within the U.S.  The doctrine of patent exhaustion limits the patent owner’s ability to control the use of patented items after those items have been sold.  […]

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As a general rule, a utility patent has a term of 20 years from the date on which the application for the patent was filed in the United States.  Even though the term of a utility patent is measured from its filing date, the term does not actually being until the patent issues.  If the […]

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Drones, commonly known as unmanned aerial vehicles (UAV) or unmanned aircraft systems (UAS), are the subject of a rapidly increasing number of patents within the U.S. Patent and Trademark Office (USPTO).  These patents are directed to subject matter, such as the manufacturing of drones and drone components (e.g. U.S. 9,242,571); the use of drones for […]

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CPG Risks

A patent provides its patent owner with the right to exclude others from making, using, selling, offering for sale, and importing into the U.S. whatever is claimed in the patent.  However, there are a number of different reasons for pursuing a patent.  These reasons may vary depending on whether you are an independent inventor, a […]

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The U.S. Patent Act (35 U.S.C. § 271(a)) grants a patent owner the right to prevent others from making, using, selling, offering for sale or importing a patent invention within the U.S.  The doctrine of patent exhaustion limits the patent owner’s ability to control the use of patented items after those items have been sold.  […]

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On December 6, 2016, the U.S. Supreme Court reversed a damages award that Apple, Inc. won over Samsung Electronics Co., Ltd. in their longstanding patent fight.  See a copy of the full decision here.  Apple’s design patents were directed to specific elements of Apple’s iPhone.  The Supreme Court remanded the case to the Federal Circuit […]

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Should I patent my invention or keep it as a trade secret? What are the differences between patents and trade secrets?   These are the types of questions that we regularly get asked by our clients. According to the USPTO’s Trade Secret Policy, “trade secrets consist of information and can include a formula, pattern, compilation, […]

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The rights granted in a U.S. patent only provide protection throughout the United States and have no effect in a foreign country or jurisdiction.  Specifically, a U.S. patent gives the patent owner the right to exclude others from making, using, offering for sale, or selling the invention in the United States or importing the invention […]

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In the U.S., an inventor has 12 months from the date he or she first publicly discloses their idea or invention to file a U.S. patent application.  A public disclosure refers to a communication of an idea or invention without any confidentiality obligations, either written or oral.  Just a few examples of public disclosures include […]

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