Tag Archives: federal courts

Unannounced Seizure – The Ultimate Protection

October 30, 2023 Trademark

Trade secret owners have a powerful new remedy to protect their stolen trade secrets, one that is not generally available in civil actions. The Defend Trade Secrets Act (DTSA) provides a right for the trade secret owner to ask the court for an ex parte order to seize property (18 U.S.C. § 1836). Ex parte […]

Science and the Court: Let’s Get Educated

November 9, 2017 Intellectual Property, Litigation

In the recent argument before the US Supreme Court about gerrymandering, Gill v. Whitford, a mathematical formula was presented to the judges that requires adding together two numbers (“wasted” vote totals) and dividing the sum by a third number (the total number of votes cast.) This formula is called the “Efficiency Gap” and lawyers told the justices […]

New Rules, New Strategies for Innovators

July 31, 2013 Patent

The past 15 years have seen an unprecedented attack on patents and patent-owners in the United States. Orchestrated by foreign nations, multinational corporations, and a variety of other groups, largely funded by similar vested interests, this attack has reduced much of the value formerly associated with patented innovations. In past issues of our newsletter we […]

Patentable Subject Matter, the Sequel

June 29, 2013 Patent

In the issue that will not die, the Supreme Court again considered what can or cannot be patented.  This time the question was whether human genes can be the subject of a patent. The U.S. Constitution at Article One, Section 8 gives Congress the power “to promote science and the useful arts, by securing for […]

The Fable of the Supreme Court and the Beanstalk

May 30, 2013 Patent

Once upon a time, a farmer purchased a magic bean.  The farmer planted his magic bean, as farmers do.  The magic bean grew into a magic beanstalk and made more magic beans.  The farmer harvested the magic beans, as farmers do, and saved the new magic beans for the next year.   For eight years, the […]

To Be, or Not To Be..

May 30, 2013 Patent

Pardon the quote of the Bard, but there is one area of patent law that, indeed, ponders “that is the question.” Bear with us for a moment while we try to set the stage. To qualify for a patent, the patent law statute passed by Congress states that an invention must meet three criteria: it […]

Patentable Subject Matter – The Issue That Will Not Die

July 31, 2012 Litigation, Patent

Whether an invention is the sort that can be patented is determined by §101 of the patent statute. That section states: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of […]

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