All posts by: Robert Yarbrough

About Robert Yarbrough

Momentum in Congress Builds for… Something

July 4, 2019 Patent

In last May’s newsletter we told you about proposed changes to the patent statute to, hopefully, correct some of the damage that the Supreme Court has done to the U.S. patent system over the last decade.  Among other things, the Supreme Court has expanded the judge-made categories of inventions that cannot be patented to include […]

Congress Takes a Swing at Patentable Subject Matter

June 20, 2019 Patent

There are some great inventions that cannot be protected by patent.  Laws of nature, such as electromagnetism , cannot be patented.  Abstract ideas, such as mathematical formulae , cannot be patented.  Natural phenomena, such as a naturally occurring bacteria, cannot be patented.  These judge-made exceptions to ‘patentable subject matter’ do not appear in the statute.*   In recent years, the Supreme Court has issued decisions that […]

Are You the Victim of a Data Breach?

June 6, 2019 Internet Law

Bad actors are after your data.  They want to turn your data into money any way that they can.  That may involve using your data to steal your online banking passwords and account numbers, or may involve stealing personal and contact data to make a phishing attack more convincing and effective.  Why?  So that you […]

Ransomware

May 9, 2019 cybersecurity, Patent

Consider this situation: you get to work one morning and attempt to open your computer.  A pop-up message tells you that your hard drive is encrypted and demands that you make a payment, in Bitcoin, to get access to your files.  Your coworkers have the same experience.  Your company’s servers are frozen.  You and your […]

It Just Got Harder To Patent Computer-Implemented Inventions

April 4, 2019 Patent

A patent is property and the claims of a patent determine the value of that property.  The words are important, folks.  Consider the following (fictitious) claim: A love detector, the love detector comprising: a computer configured to determine whether a user is in love That’s called a “functional” claim – the claim addresses what the […]

A Big Company Stole and Patented My Invention. Can I have the patent transferred to me?

March 7, 2019 Litigation, Patent

In a word, yes. Consider this situation:  An entrepreneur comes up with a new invention, let’s say, a self-inflating tire.  A big tire company, which has unsuccessfully tried to develop self-inflating tires for years, signs a non-disclosure agreement and comes to inspect the tire.  The non-disclosure agreement is a contract by which the big tire […]

Can I Patent my Software or Internet Invention or Smartphone App?

February 21, 2019 Patent

You can create a great software or Internet invention that is completely novel, unobvious and has utility, but you still may not qualify for a patent.  Why not? Congress enacted 35 USC §101 to identify which inventions are the proper subject for patents.  That section states: Whoever invents or discovers any new and useful process, […]

Treble Damages for Willful Patent Infringement

January 3, 2019 Patent

Stryker Corporation sued Zimmer, Inc. for patent infringement.  There was no question whether Zimmer infringed Stryker’s patent – it did.  Zimmer believed Stryker’s patent was invalid and believed that it would prevail in the infringement lawsuit.  Zimmer had good reason to believe that the Stryker patent was invalid.  As a result, Zimmer continued to infringe […]

USPTO Fixes Some of the Problems with the PTAB

November 22, 2018 Intellectual Property, Patent

The ‘Patent Trial and Appeal Board’ (‘PTAB’) has 174 administrative judges, who hear appeals of actions by the USPTO, such as denials of patent applications.  In the past, the USPTO has been accused of packing the PTAB panels with handpicked judges to reach a desired result in a particular case. Panels of the PTAB also […]

Contact Adam Garson, Esq.

  • National Client Base
  • 610-565-7630

Sign-up for Monthly Emails

* indicates required

Top Rated

Lawyer Adam Garson | Top Attorney Trademark Application

Connect on Social Media

Recent News

Search this Website