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IP News Alerts

Failure to Challenge Examiner's Characterization Can Bind You to a Limited Claim Scope
May 20, 2013 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders and Brian T. Moriarty
A patent claim's scope can be limited where the patent applicant does not explicitly challenge a Patent and Trademark Office characterization. Incorporation by reference of...
More »
 
Think You Won? You May Still Need to Appeal.
May 8, 2013 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and Christopher K. Albert
Failing to cross-appeal a “not invalid” finding waives the issue on remand. For these litigants, infringement is based on a broad claim construction, while validity...
More »
 
Patent Marking is not Conclusive Proof of Patent Infringement
April 11, 2013 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
Marking a product with a patent number and paying royalties are merely rebuttable evidence that a product may be covered by a patent. A licensee's marking of a product with...
More »
 
Federal Circuit to Reconsider 15-Year Claim Construction Position: Patent Holders and Their Counsel on Watch
April 8, 2013 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders
Claim construction (i.e., the determination of the meaning and scope of claims) is a major part of patent infringement litigation proceedings and can make or break a party’...
More »
 
U.S. Supreme Court Copyright Non-Infringement Ruling Results in Global Expansion of the First-Sale Defense
April 3, 2013 - Hamilton Brook Smith Reynolds Alert
By: Mary Lou Wakimura
The first-sale doctrine has no geographical boundaries and is a defense to copyright infringement when copyrighted goods lawfully made abroad are imported into the U.S. and re-sold...
More »
 
Interactions with Your Customer Can Be the Basis for Liability for Patent Infringement
March 21, 2013 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
The relationship between a company and its customer is usually not enough to establish liability for direct patent infringement, but it can create liability for induced patent infringement...
More »
 
New Micro Entity Patent Applicants will Benefit from a Seventy-Five Percent Discount on Fees
March 13, 2013 - Hamilton Brook Smith Reynolds Alert
The Leahy-Smith America Invents Act (AIA) grants fee-setting authority to the United States Patent and Trademark Office (USPTO) and effective March 19, 2013, the USPTO will adjust...
More »
 
Colombia and Mexico Enter the Madrid Protocol for the International Registration of Marks
February 13, 2013 - Hamilton Brook Smith Reynolds Alert
By: John L. DuPré and Christopher K. Albert
Filing trademark registrations via the Madrid Protocol permits low-cost filing and renewal of trademark registrations in nearly 90 countries Accession by Mexico marks a further...
More »
 

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Failure to Challenge Examiner's Characterization Can Bind You to a Limited Claim Scope
May 20, 2013 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders and Brian T. Moriarty
A patent claim's scope can be limited where the patent applicant does not explicitly challenge a Patent and Trademark Office characterization. Incorporation by reference of...
More »
 
Think You Won? You May Still Need to Appeal.
May 8, 2013 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and Christopher K. Albert
Failing to cross-appeal a “not invalid” finding waives the issue on remand. For these litigants, infringement is based on a broad claim construction, while validity...
More »
 
Patent Marking is not Conclusive Proof of Patent Infringement
April 11, 2013 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
Marking a product with a patent number and paying royalties are merely rebuttable evidence that a product may be covered by a patent. A licensee's marking of a product with...
More »
 
Federal Circuit to Reconsider 15-Year Claim Construction Position: Patent Holders and Their Counsel on Watch
April 8, 2013 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders
Claim construction (i.e., the determination of the meaning and scope of claims) is a major part of patent infringement litigation proceedings and can make or break a party’...
More »
 
U.S. Supreme Court Copyright Non-Infringement Ruling Results in Global Expansion of the First-Sale Defense
April 3, 2013 - Hamilton Brook Smith Reynolds Alert
By: Mary Lou Wakimura
The first-sale doctrine has no geographical boundaries and is a defense to copyright infringement when copyrighted goods lawfully made abroad are imported into the U.S. and re-sold...
More »
 
Interactions with Your Customer Can Be the Basis for Liability for Patent Infringement
March 21, 2013 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
The relationship between a company and its customer is usually not enough to establish liability for direct patent infringement, but it can create liability for induced patent infringement...
More »
 
New Micro Entity Patent Applicants will Benefit from a Seventy-Five Percent Discount on Fees
March 13, 2013 - Hamilton Brook Smith Reynolds Alert
The Leahy-Smith America Invents Act (AIA) grants fee-setting authority to the United States Patent and Trademark Office (USPTO) and effective March 19, 2013, the USPTO will adjust...
More »
 
Colombia and Mexico Enter the Madrid Protocol for the International Registration of Marks
February 13, 2013 - Hamilton Brook Smith Reynolds Alert
By: John L. DuPré and Christopher K. Albert
Filing trademark registrations via the Madrid Protocol permits low-cost filing and renewal of trademark registrations in nearly 90 countries Accession by Mexico marks a further...
More »
 

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