When prosecuting a patent with similar language across various claims make sure your claim terms have different meanings, otherwise, during litigation you may lose the strategic opportunity to keep some claims valid if others...more
In Re R.S. Lipman Brewing Co., LLC, 2025 WL 1099603 (Fed. Cir. Apr. 14, 2025) -
Be careful when selecting a name for your product, otherwise you might find yourself cooked at the United States Patent and Trademark Office...more
Apple Inc., v. Masimo Corp. et al., No. CV 22-1377, 2024 WL 4436629 (D. Del. Oct. 7, 2024) -
Designing functional features on a device will not make you an inventor for design patents on the device! The District of...more
Celanese Int'l Corp. v. Int'l Trade Comm'n, No. 2022-1827, 2024 WL 3747277, at *1 (Fed. Cir. Aug. 12, 2024) -
Manufacturers beware! Your sales of products based on secret manufacturing processes may invalidate your...more
Motorola Sols., Inc. v. Hytera Commc'ns Corp. Ltd., No. 22-2370, 2024 WL 3268954 (7th Cir. July 2, 2024) -
The Seventh Circuit has opened the flood gates by allowing trade secret owners to recover damages for foreign sales...more
Cerveceria Modelo De México, et. al, v. Cb Brand Strategies, Llc, et. al, 2024 WL 1253593 (2d Cir. Mar. 25, 2024) -
A license agreement with broad terms might seem like a good idea, but it could turn into something that...more
Canatex Completion Sol. Inc. vs. Wellmatics LLC, et al., Case No. 4:22-cv-03306, Dkt. No. 100 (S.D. Tex. Dec. 14, 2023) -
Found a mistake in your patent? You might want to get it fixed at the U.S. Patent and Trademark...more
Choose your trade dress carefully, if the design as a whole has any function, your trade dress may be invalid. On September 7, 2023, the Third Circuit held that a candy’s trade dress consisting of a wedge shape with red,...more
Be cautious when deciding whether to do business in a state in way that requires you to register in that state; you may be consenting to general personal jurisdiction in that new state by doing so. On June 27, 2023, the...more
Be careful of showing your claimed inventions at tradeshows. On February 15, 2023, the Federal Circuit (“CAFC”) affirmed a summary judgment ruling that, by merely showcasing an embodying device at an industry event (the...more
3/7/2023
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F45 Training Pty Ltd. v. Body Fit Training USA Inc., 2022 WL 17177621 (D. Del. Nov. 17, 2022) -
On November 17, 2022, the District of Delaware adjudicated a perfect storm of international patent enforcement: a method claim...more