All posts by: Robert Yarbrough

About Robert Yarbrough

Where to Sue for Patent Infringement

February 27, 2026 Litigation, Patent

So your patent is being infringed.  What can you do about it?    Sue the bastards, of course. But where? U.S. Federal courts have jurisdiction over patent infringement, so the lawsuit must be filed in Federal, as opposed to state, court.  But which one?  There are Federal courts in each U.S. state and each U.S. […]

Idaho Successfully Limits Patent Rights, for Now

January 29, 2026 Uncategorized

 Last month we told you about an Idaho statutethat directly limits the ability of a U.S. patent owner to access Federal court to enforce a U.S. patent.  Applying the Idaho state law, a Federal judge sitting in Idaho required the patent owner to post an $8 million bond to pursue a patent infringement lawsuit.   The problem […]

Can a state prevent enforcement of a U.S. patent?

December 2, 2025 Patent

The short answer is – we’re about to find out. An inventor’s patent rights are based on the U.S. Constitution:  “Congress shall have power… to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Congress has exercised this power by […]

Beach Umbrella Patents

September 18, 2025 Patent

Your faithful correspondent finds the beach superior in concept to execution.  The concept is a sun-drenched paradise, with clear waves gently lapping on the white sand and whales cavorting in the distance.  The reality is sun burn, dehydration, sand too hot to walk on and saltwater mosquitoes that drain a pint at a time.  In […]

Is There Hope for Patents?

August 14, 2025 Patent

Let’s say you’re the leader of a very big company.  You know with the serene confidence of entitlement that you and your company are very, very important – much more important than the little, insignificant, unimportant people out there – the ones who own patents.1 You’re annoyed that the unimportant people, the ones who own patents, get […]

The USPTO is Hiring Patent Examiners

July 10, 2025 Patent

Did you feel it? Something just shifted in the cosmos.  Perhaps Jupiter aligned with Mars, and it’s the dawning of the Age of Aquarius.    Umm, no.   But something has changed.  The Administration has recognized that some Federal employees are important: namely, patent examiners.  After six months of relentless pressure on patent examiners to quit or retire, the USPTO […]

Yes, Disclosing Prior Art to the Patent Examiner IS Important

June 12, 2025 Patent

When you file your patent application with the U.S. Patent and Trademark Office, your application (eventually) is reviewed by a patent examiner.  Among other things, the patent examiner will compare your invention to the ‘prior art’ to determine whether your invention is new and is different enough to qualify for patenting.    But what is […]

IP Retaliation for Tariffs

May 1, 2025 Intellectual Property

Here’s the situation: you’re the leader of a country that does business with the U.S. Do you have any trade war options other than retaliatory tariffs? You betcha. Consider the case of Russia. After Russia’s 2022 invasion of Ukraine, Western nations imposed multiple sanctions against Russia.  Many Western businesses curtailed Russian operations or left the country entirely.  […]

Experimental Use in Patent Law

April 3, 2025 Patent

Query: I saw a cool new patented invention, and I want to make a copy to conduct experiments and perform research.  I won’t sell the copy.  Will I be liable for patent infringement? Answer: Almost certainly, but maybe not. What is ‘Experimental Use’ in Patent Law? In certain limited circumstances, making and using a patented invention for […]

Reason for Hope at the USPTO

March 6, 2025 Patent

Any Federal employee and anyone in the private sector who does business with the Federal government is facing a period of uncertainty and forced career change.  With mass Federal layoffs and confirmation of Cabinet secretaries of non-existent or frankly troubling credentials, the intent appears to be that large portions of government will disappear and others will grind […]

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