China has long been known as a source for affordable labor, where products can be made and shipped around the world for a fraction of the price of making them in the market where they will ultimately be sold. It has also been known a place where new…
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Most attorneys who practice exclusively in the field of intellectual property (“IP”) are well accustomed to fielding calls from people trying to learn about securing or enforcing their IP rights. Such inquiries rarely come from people who…
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Dramatic changes to the patent law are underway that will have a significant impact on the patent application process. On September 16, 2011, President Obama signed into law the America Invents Act which includes amendments that will shift the focus…
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The US Supreme Court has affirmed that an issued patent has a presumption of validity that requires a high standard of proof to overcome. In Microsoft Corp. v. i4i Limited Partnership,[1] the Supreme Court affirmed that an invalidity defense in a pat…
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The patent law defense of inequitable conduct, sometimes referred to as fraud on the Patent Office, has been dramatically restricted by an en banc ruling of the Court of Appeals for the Federal Circuit, the court of appeals responsible for all patent…
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A “rule of thumb” used by accounting experts for many years to approximate royalties in patent cases is no longer admissible in the courtroom. The Court of Appeals for the Federal Circuit, the appeals court responsible for all patent cases, has r…
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