Patent

26Jan 2017

Are Patents Still Important to the Pharmaceutical Industry?

January 26, 2017 Robert Yarbrough Patent

You betcha. The business model of Big Pharma depends on patents. Without strong, enforceable patents, privately-funded pharmaceutical research would not exist. Case in point: Gilead sells the highly effective ‘Solvadi’ hepatitis C drug for $1000 per pill. That’s $84,000 for a twelve-week course. Idenix, a Merck subsidiary, argued that Gilead’s Solvadi infringed Idenix patents. A jury […]

19Jan 2017

Supreme Courts Decides Apple v Samsung (just kidding)

January 19, 2017 Robert Yarbrough Patent

Speaking of Apple v Samsung, the Supreme Court issued its decision in this long-running litigation about design patents. To recap, Samsung copied the design of Apple’s iPhone and infringed Apple’s design patents in the process. There is no question whether the Apple patents are valid – they are. There is no question whether Samsung infringed […]

22Dec 2016

The Protectionist Patent System

December 22, 2016 Robert Yarbrough Patent

Dennis Crouch in his Patently O blog considers the possible effects of the Trump administration on the patent system, and particularly, the effects of the anti-globalization platform on which Mr. Trump ran. Mr. Crouch makes the very interesting observation that at its heart the patent system shifts wealth – from competitors and consumers to patent holders. […]

29Nov 2016

Can Delay be a Defense to a Patent Infringement Lawsuit?

November 29, 2016 Robert Yarbrough 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 […]

10Oct 2016

When the Supreme Court Changes the law, does the law really change?

October 10, 2016 Robert Yarbrough Patent

When the Supremes reverse the decision of a lower court, the law that governs the conduct of you, me, and everyone else in the country on the day after the decision is different than it was on the day before the decision. So the Supreme Court changes the law, right? Not so fast. First, some […]

03Oct 2016

NDA with the U.S. Government?

October 3, 2016 Robert Yarbrough 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 […]

12Aug 2016

Can Ordering a Prototype Kill Your Patent Rights?

August 12, 2016 Robert Yarbrough 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 […]

21Jul 2016

It Was About time…

July 21, 2016 Robert Yarbrough 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 […]

15May 2016

The Functional Design Patent

May 15, 2016 Robert Yarbrough 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 […]

11Apr 2016

Supreme Court Dabbles in Patent Law, Again

April 11, 2016 Robert Yarbrough 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 […]

Patent

Are Patents Still Important to the Pharmaceutical Industry?

Supreme Courts Decides Apple v Samsung (just kidding)

The Protectionist Patent System

Can Delay be a Defense to a Patent Infringement Lawsuit?

When the Supreme Court Changes the law, does the law really change?

NDA with the U.S. Government?

Can Ordering a Prototype Kill Your Patent Rights?

It Was About time…

The Functional Design Patent

Supreme Court Dabbles in Patent Law, Again

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Patent

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