Publications
Choosing between Design Patent and Copyright Protection? Sometimes You Don’t Have To
April 20, 2016
If you are considering protecting your intellectual property, the choice between copyright and design patent protection is not always mutually exclusive. In certain cases, your intellectual property may be protected by both copyright and design patent protection. Copyrights, in general, are meant to protect original works of expression. See 17 U.S.C. § 102. Such works […]
Is the Role of the Expert Witness in Claim Construction Changing?
April 1, 2016
The proper role of extrinsic evidence in claim construction, in particular expert witnesses, has long been a matter of some debate. The Federal Circuit has been fairly consistent in characterizing extrinsic evidence as less important than the intrinsic record (the patent and its prosecution history) when construing claim terms. However, because claim construction focuses on […]
Mayo / Alice Step One: Not your Father’s Claim Construction Inquiry
March 1, 2016
By Rex Sears Not quite four years ago, Mayo Collaborative Services v. Prometheus Laboratories, Inc.[1] prescribed a two-step analysis for applying the laws-of-nature exception to patent eligibility under 35 U.S.C. § 101. Less than two years ago, Alice Corp. Pty. Ltd. v. CLS Bank International[2] established that Mayo’s two-step analysis is not limited to laws of […]