Patents

Seed of Patent Infringement Germinates Between Organic Farmers and Monsanto

June 25, 2013
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Organic farmers throughout the U.S. have worried for years that agricultural powerhouse Monsanto, might someday show up at their garden gate with a lawsuit for patent infringement because their crops were “inadvertently” contaminated with Monsanto biotech seed, a GMO or genetically modified organism, growing in neighboring fields. They were so worried, in fact, that in [...]

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Vermont Approves Legislation Prohibiting Bad Faith Patent Infringement Claims

May 23, 2013
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By Peter Kunin The Vermont House and Senate have approved a first-in-the-nation bill that provides a legal tool for Vermont companies who face extortionate claims of patent infringement from “patent trolls.”  In brief, the legislation gives Vermont companies the ability to bring a lawsuit against patent owners who – acting in bad faith — threaten [...]

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Will Patent Classification Harmonization Based On The Cooperative Patent Classification System Strike A Chord?

April 29, 2013
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By Morgan Heller II As mentioned in my previous post on the Cooperative Patent Classification system (CPC), the International Patent Classification system (IPC), on which the CPC is based, is used by more than 100 patent offices around the world, so that the choice of starting with an IPC-based classification system, i.e., the European Patent Classification [...]

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The Cooperative Patent Classification System Becomes The Official Patent Classification System At The U.S. And European Patent Offices

March 26, 2013
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By Morgan Heller II: Just this past January, the U.S. Patent and Trademark Office (USPTO) and the European Patent Office (EPO) each announced the launch of the Cooperative Patent Classification system (CPC) as the official system for classifying patent documents at both patent offices.  In this post, I provide a bit of an introduction to the [...]

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On Your Marks, Get Set…. AIA First-To-File Officially Takes Off On March 16, But The Race To File Patent Applications Has Already Begun

January 16, 2013
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The America Invents Act or “AIA” was signed into law by President Obama on September 16, 2011.  After an eighteen month waiting period, on March 16, 2013, two months from today, the US patent system officially changes to a first to file system.  That means applications filed on or after that date will have their [...]

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Supporting Claim Amendments Around The World – Seriously

January 2, 2013
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This post takes us down a road we don’t frequently travel here at the IP Stone.  So, to those who don’t consider themselves patent geeks (excluding closet patent geeks who refuse to acknowledge their true nature), my apologies in advance.  But one of those overly-minutiae-oriented patent strategies that patent attorneys love to argue about seems [...]

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Invalidating Expired Patents During Reexamination—Not A Sure Thing

July 13, 2012
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Your patent expired earlier this year.  Then, just last week, you found a product that looked eerily similar to the device covered by your patent, and a little checking on the Wayback Machine indicates that this product has been sold for several years.  Fortunately, even though your patent is expired, it’s still enforceable against sales [...]

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IP Claim Coverage: Are You (and Your Broker) Looking at the Wrong Policy?

June 19, 2012
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by Brad Fawley If you have been sued on an intellectual property claim, many people, including your insurance broker, may assume that the insurance policy that might protect you against IP claims is your current policy.  Think again!  Operating on that assumption can be a costly mistake because many recently issued liability policies attempt to [...]

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