Publications

The Primer on Patent Law Every Business Person Should Read

July 28, 2017

Patents, their uses, and their purposes, are often misunderstood. These misunderstandings arise from all sorts of places, from Shark Tank® episodes to the movie Flubber®. For most people, misunderstandings about patents are not problematic. For entrepreneurs, business owners, or other decision-makers, these misunderstandings can hamstring a start-up or expose a business to dangerous liabilities. To […]

Adam Smoot

A Bitter Pill to Swallow? Foreign Drug Makers (and Other Foreign Brand Owners) Can Seek Cancellation of U.S. Marks Under the Lanham Act.

July 14, 2017

In a recent development testing the impact of globalism on U.S. trademark law, the U.S. Supreme Court earlier this year declined to review a ruling by the Fourth Circuit that Bayer AG, the German drug maker, had standing under the Lanham Act to sue for injury to its foreign brand, despite never having used or registered […]

Michael I. Katz

Erynn L Embree

Patent Markings Important in Determining Damages

July 7, 2017

Legal notice provided by patent markings may play a major role in patent infringement cases, as it may be a primary factor in calculating damages (e.g., how much money and/or other forms of compensation are to be awarded) when a court decides that patent infringement has occurred. Legal notice can be either “actual notice” or […]

Kristian Blomquist