Patent

07Apr 2017

When is a Defense not a Defense?

April 7, 2017 Robert Yarbrough Patent

Now For a Riddle: When is a Defense not a Defense?… (Pause for effect)… Answer – When the Supreme Court says it’s not. Not so many years ago, patents were very powerful. A patent owner was entitled to a court order stopping infringement almost as a matter of course whenever the patent owner proved infringement. […]

16Mar 2017

Ask Dr. Copyright about the “Administrative State”

March 16, 2017 Lawrence Husick Patent

Dear Doc: The US Constitution directs, in Article I, Section 8, Clause 8, that Congress set up a patent and copyright system, “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 long ago did that by […]

02Mar 2017

Death of a Poster Child

March 2, 2017 Robert Yarbrough Patent

A poster child for patent trolls, that is. MPHJ Technology gained notoriety and the ire of states, the Federal Trade Commission and Congress by buying several weak patents for $1 in 2012 and then sending out over 16,000 demand letters to businesses across the U.S. demanding payment for alleged infringement. The patents relate to scan-to-email […]

02Feb 2017

Why Are Federally-Financed Drugs So Expensive?

February 2, 2017 Robert Yarbrough Patent

After WWII, the Federal government and science in general rode a wave of public approbation resulting from the stupendous success of the war-ending Bomb. Government money poured into basic scientific research, leading to many discoveries, many inventions, and many patents. Back in the day (President Truman’s day, that is), the Government collectively decided that the […]

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 […]

Patent

When is a Defense not a Defense?

Ask Dr. Copyright about the “Administrative State”

Death of a Poster Child

Why Are Federally-Financed Drugs So Expensive?

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?

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