General IP

Fractured Federal Circuit Invites the Supreme Court to Once Again Weigh In On Patentable Subject Matter – What Computer Software Patent Applicants Should Do in the Interim

May 28, 2013
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By Kevin McGrath On May 10, 2013, the Federal Circuit issued its en banc decision in CLS Bank International et al. v. Alice Corporation Pty, Ltd., (2011-1301).  At a high level, the issue in CLS Bank was whether software, business method, financial system, and some computer implemented inventions are eligible to even be considered for [...]

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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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Employers Just Get No Satisfaction: NH Enacts Law Restricting Use Of Non-Compete Agreements

April 22, 2013
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By Beth Rattigan Employers in New Hampshire now must comply with further restrictions on their ability to enforce non-compete and anti-piracy agreements.  Venturing further into the already murky area of the enforceability of such agreements, New Hampshire recently enacted  N.H. R.S.A. 275:70, which  requires employers to provide non-compete and non-piracy agreements to applicants and employees [...]

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The New Age of Patent Enforcement in the United States: The Brave New World Post-AIA is NOT First to File – It IS Post Grant Proceedings

April 10, 2013
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Sure, First-to-File is new here, but the rest of the world has been dealing with it forever and the sky has not fallen on technological innovation elsewhere.  And it won’t fall on it here either under a First-to-File system. But consider patent enforcement for a moment if you will.  As a patent owner who wants [...]

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3D Printing: How Will IP Law Handle The “Next Revolution” in Manufacturing?

April 3, 2013
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By Cathleen Stadecker 3D printing technology is becoming more popular as companies such as MakerBot Industries continue to introduce more affordable desktop 3D printers.  With these machines, which work by printing layers of plastic, metal, ceramics or other materials, more and more people are “printing” real-life objects –toys, jewelry, shoes, replacement parts – in their [...]

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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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Speaking Of . . . Trade Secrets | Damages For Misappropriation Can Be Full Refund Of Ex-Employee’s Severance Pay

March 14, 2013
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When your trade secrets are stolen, you might sue the ex-employee who stole them, or the competing business that’s now in possession of them, or both.  What’s an appropriate measure of damages when your trade secrets are stolen?  It can be your lost profits caused by the misappropriation, if you can prove them.  Or, it [...]

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Speaking of . . . Trade Secrets | Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over Canadian Who Never Left Canada **UPDATE 3/7/13**

March 7, 2013
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3/7/2013 Update Below An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut.  In MacDermid, Inc. v. Deiter, 702 F.3d 72 (Dec. 26. 2012), a Connecticut-based company, MacDermid, Inc., sued its former employee, [...]

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Speaking of . . . Trade Secrets | Misappropriation Justice Has International Reach: Connecticut Court Has Jurisdiction Over Canadian Who Never Left Canada

March 4, 2013
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An important federal appeals court has determined that a Connecticut court has jurisdiction over a Canadian citizen whose only act in Connecticut was accessing information on a computer server located in Connecticut.  In MacDermid, Inc. v. Deiter, 702 F.3d 72 (Dec. 26. 2012), a Connecticut-based company, MacDermid, Inc., sued its former employee, Deiter, a Canadian [...]

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