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Intellectual Property

  • Regardless of whether a patent practitioner's clients favor a stricter or more lenient eligibility regime, patent eligibility decisions continue to evolve. We need a line drawn for what practitioners expect to be clearer. Hardware inventions are facing patent eligibility challenges that would have seemed more likely in software inventions. Recent court decisions have shown that what once made a hardware invention eligible may no longer fly.

    June 01, 2022Hanchel Cheng
  • A recent Federal Circuit opinion sheds light on the process for settling co-ownership disputes pursuant to an underlying agreement. Although the precedential opinion does not change the rules of contract interpretation, it suggests considerations when drafting ownership agreements.

    June 01, 2022Richard S.J. Hung, Jacob N. Nagy and Evangeline T. Phang
  • There are frequent battles over trademark rights in the entertainment industry. Trademark publication can be an anxious part of the federal application process, with fear of aggressive opposition and costly proceedings looming in the background. But many trademark oppositions, whether they are only threatened or actually filed, afford the applicant a discussion with an opposer that can ultimately be helpful in nonobvious ways.

    June 01, 2022Ben Thompson and Robert Moorman
  • Federal Circuit: Agreement Between Patent Owner and Third Party Was Not Insulated from The On-Sale Bar

    May 31, 2022Howard Shire and Stephanie Remy
  • The "metaverse" in conjunction with Web 3.0 can be thought of as an immersive virtual reality world or worlds, where users can play games, socialize,…

    May 01, 2022Cameron B. Pick