In a landscape where precision is paramount, our latest practice note delivers essential guidance on drafting claims for living organisms and genetic sequences. Discover how landmark decisions and practical examples can empower you to draft clear, robust claims...
What happens when an opposing party fails to comply with a TTAB discovery order? Use this motion for discovery sanctions, including judgment, in a proceeding before the Trademark Trial and Appeal Board (TTAB). Read now » Related Content TTAB Proceedings...
Deciding between nationalizing a Patent Cooperation Treaty (PCT) application into the United States or filing a bypass application to obtain U.S. patent protection based on a PCT application is an important strategic choice. Review the differences between the traditional...
The following article is a summary of the full checklist , available to Practical Guidance subscribers by following this link . Not yet a Practical Guidance subscriber? Sign up for a free trial here. The complete checklist is written by Yasamin Parsafar , Sheppard...
The following article is a summary of the full practice note , available to Practical Guidance subscribers by following this link . Not yet a Practical Guidance subscriber? Sign up for a free trial here. The complete article is written by Danielle F. Bass , partner...
Gain unparalleled insights into calculating reasonable royalties with our latest practice note—a must-read for any attorney handling patent litigation damages. This concise, practical guide explores the application of the Georgia-Pacific factors, effective...
Read this practice note explaining key IP issues associated with deepfakes, including potential claims under copyright, trademark, right of publicity, and tort law. Understand the current legislative and regulatory landscape as well as jurisdictional differences...
Discover the expansive scope of Section 337 investigations beyond patent infringement. This practice note provides key insights into leveraging non-patent causes of action to protect domestic industries from unfair competition. Equip yourself with the knowledge...
Unlock the secrets to successfully drafting printed matter and game patent claims. Learn how to establish crucial functional or structural relationships between printed matter and other elements to ensure your claims hold patentable weight. Discover strategies...
Review the key issues plaintiff's counsel should consider before filing a federal trademark infringement lawsuit. Understand the extent of your client's trademark rights against an adversary before sending a cease and desist letter or filing a complaint...
Read this practice note for key insights on effectively navigating estoppel under 35 U.S.C. § 315(e) and its impact on inter partes review (IPR) and post-IPR strategy, including considerations in deciding whether to petition for IPR, the impact of estoppel...
Explore a comprehensive review of the definiteness requirement for utility patent claims under 35 U.S.C. § 112(b). This practice note reviews indefiniteness statements of law that can be used in legal briefs, opinion letters, expert reports, and more. By addressing...
Review an open source software policy template that provides a starting point for companies to create and implement an open source software policy. Developing an open source policy ensures both consistent use of open source software throughout an organization and...
Be sure to watch our video by Francesca Witzburg, founder and managing partner of ESCA Legal, for an overview of U.S. right of publicity law, including the aspects of personal identity that are potentially protectable and notable defenses to right of publicity...
Dive into a comprehensive guide on the legal framework and strategic considerations for filing or opposing motions to exclude evidence, emphasizing the importance of understanding the Patent Trial and Appeal Board (PTAB) regulations and relevant case law. This...