Less Common Defenses to Patent Infringement
Technology companies and manufacturers know that they do not infringe a patent if they (or their products) do not practice a claimed invention. But did you know that there are certain circumstances wh...
Litigation
Lessons For UPC Litigation From United States Patent Cases
An article authored by Jason Balich titled “Lessons For UPC Litigation From United States Patent Cases” was published in IAM. Practice before Europe’s new Unified Patent Court (UPC) represents unchart...
Commissioner Karpel Disputes “Per Se Exclusion” of Post-Sale Technical Customer Support Activities
A summary written by John McGrath on Certain Power Semiconductors, and Mobile Devices and Computers Containing Same (Inv. No. 337-TA-1308) titled “Commissioner Karpel Disputes ‘Per Se Exclusion’ of Po...
Public Interest Considerations in Section 337 Investigations
An article authored by Bryan Conley titled “Public Interest Considerations in Section 337 Investigations” was published in Westlaw Today, a Reuters publication. In this article, Bryan discusses recent...
Use Litigation Funding to Enforce Patents
A column authored by Jason Balich titled “Use Litigation Funding to Enforce Patents” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In thi...
CAFC Update: HIP, Inc. v. Hormel Foods Corp.
This recent CAFC decision deals with the issue of joint inventorship. The US District Court for the District of Delaware ruled that an inventor be added as a joint inventor based on his contribution t...
Finding Stealth Prior Art Before It Finds You
An article authored by Andrew Pinkard, Mike Pomianek, and Jason Balich titled “Finding Stealth Prior Art Before It Finds You” was published in IAM. In this article, the authors explain what happened i...
Uncloaking Stealth Prior Art
A column authored by Jason Balich titled “Uncloaking Stealth Prior Art” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In this article, Ja...
Patents Expire, But Trademarks Can Last Forever
A column authored by Jason Balich titled “Patents Expire, But Trademarks Can Last Forever” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. ...
Considerations in Divided Infringement Based on Recent Case Law
(as published in IPWatchdog) Divided patent infringement—also called “joint infringement”—is a doctrine plaintiffs can use to allege infringement where more than one party may have participated in a p...
Escape Infringing a Patented Method of Manufacturing – Legally
A column authored by Jason Balich titled “Escape Infringing a Patented Method of Manufacturing – Legally” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (...
Good Engineers Can Make Good Lawyers
A column authored by Jason Balich titled “Good Engineers Can Make Good Lawyers” was published in the American Institute of Chemical Engineers’ Chemical Engineering Progress (CEP) Magazine. In this art...