All posts by: Robert Yarbrough

About Robert Yarbrough

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 […]

Patenting Replacement Parts and Consumables

March 28, 2016 Patent

Entire industries are built around the business model of a cheap product and expensive consumables for that product – think ink jet printers, electric toothbrushes and shaving razors.   Controlling replacement parts also is a lucrative sideline for manufacturers of big-ticket items – prime examples are automobile fenders and other collision repair parts. So why don’t […]

What Happens If the Lights Go Out at the PTO?

February 23, 2016 Intellectual Property

Now we know.  On December 22 the PTO experienced what it called a ‘catastrophic failure’ of the electronic patent and trademark filing and data systems due to a power outage.  The PTO technology staff worked through the Christmas holiday, and this writer can testify that the system was back up and receiving patent filings by […]

Oracle, Say It’s Not So!

February 16, 2016 Intellectual Property

The Federal Trade Commission both announced charges of deception against Oracle and that those claims have been settled.  The claims relate to misleading statements made by Oracle relating to security vulnerabilities of the Java software.  Java is installed on 850 million personal computers, including yours.  Oracle represented to consumers that updates to the Java product corrected security […]

Want to Collect Attorney’s Fees? Explain Why You Don’t Infringe!

February 9, 2016 Lipton Weinberger & Husick Blog

Most parties to litigation have to pay their own attorneys’ fees.   The patent statute includes an exception – in “exceptional” circumstances, the successful party in patent infringement litigation can collect attorneys’ fees from the losing party. Not every losing litigant is liable for the other party’s fees.  The reasonableness of the party’s litigation position and the unreasonableness […]

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