All posts by: Robert Yarbrough

About Robert Yarbrough

Can Delay be a Defense to a Patent Infringement Lawsuit?

November 29, 2016 Litigation, Patent

In many areas of the law, excessive delay in pursuing a right can be a defense in a later lawsuit.  The defense is known as ‘laches’ and is based on fairness – by delaying the litigation, the person asserting the right has acquiesced in the other party’s conduct.  Historically, the fairness-based laches defense applies only […]

Yes, Virginia, there are Zombies!

October 28, 2016 Intellectual Property

When you’re dead, you’re dead, right? Not if your genes have anything to say about it.   A team of microbiologists from the University of Washington studied gene activity in recently dead mice and fish. They found that the activity of over 1000 genes increases after death with the activity of some genes increasing as much as 24 […]

NDA with the U.S. Government? 

October 3, 2016 Patent

Are you an inventor or an invention owner?  Do you intend to do business with the Federal government?  Listen up, because we have crucial information for you. A non-disclosure agreement (‘NDA’) is a contract not to disclose an invention to other people.  If an inventor or owner discloses an invention under an NDA and the […]

Can Ordering a Prototype Kill Your Patent Rights?

August 12, 2016 Patent

Before an inventor will build 10,000 units of a new invention, he or she will first build a prototype – or many prototypes – to make sure that the invention works as it should.  For many inventions, the inventor does not have the resources to build the prototype and will farm out prototype production to […]

It Was About time…

July 21, 2016 Patent

for the Supreme Court to restore some balance to the patent system. The power of patents has eroded over the last decade, with the Supreme Court concluding that an infringer can only be enjoined from infringing in rare circumstances (Ebay v MercExchange) that pretty much any process that does not require a machine is not patentable […]

Employment Agreements to Protect Intellectual Property

June 27, 2016 Intellectual Property

How do you, the cautious employer, protect yourself from trade secret theft?  One way is through employment agreements.  Many of the court cases involving employee theft of trade secrets include employment agreements with intellectual property terms.  We believe that courts are more likely to conclude that the actions by a former employee are or will be a […]

The Functional Design Patent

May 15, 2016 Patent

  If you have patents or have been involved in patenting, then you have heard about the  difference between design and utility patents.  The explanation probably went something like this: A utility patent protects how a thing does what it does.  A design patent protects the appearance of the thing. And: A design patent cannot […]

Supreme Court Dabbles in Patent Law, Again

April 11, 2016 Litigation, Patent

The first general rule is that whenever the Supreme Court accepts a patent case, it will reverse the lower court decision and change the law.  The second general rule is that whenever the Supreme Court decides a patent case the law is left in worse shape than it was before. This time, the Supremes have […]

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