Takeaway: Patent claims that recite written presented information may not be used to differentiate the invention from the prior art for patentability.

Cislo & Thomas LLP proudly exhibited at the 140th Annual International Trademark Association meeting.

Takeaway: Even if you do not upload the infringing content on your website, you may still be liable if you are profiting from such content. Be sure to have an anti-infringement plan in place before your company grows too quickly.

Takeaway: “Unless the statute expressly gives animals the right to sue, they do not have the right to sue.”

Takeaway: Make sure to document your attempts to have inventors sign their oath and declaration in writing.

For applications filed on or after September 16, 2012 assignees may have the option of filing what is called a substitute statement instead of an oath or declaration by the inventor. This issue may arise in a number of ways; sometimes an inventor may go missing, they may pass away, or they may refuse to cooperate because they have quit their job. The solution to this problem may be to file a substitute statement on the inventor’s behalf so you may continue with the prosecution of the a...

Takeaway: If the district court denies your motion for summary judgment, ask it to allow you to appeal the decision right away If the case goes to trial, move for a judgment as a matter of law immediately after the plaintiff has presented its case in chief and then renew the motion at the end of the trial.

Takeaway: This case highlights the importance of adequately preparing trademark applications and appeals. Always seek the assistance of an experienced intellectual property professional to deal with the USPTO.

Takeaway: Reasonable royalty damages for patent infringement can be calculated as a percentage of a product’s sales price, but the damage award must be commensurate with the value of the improvement taught by the patent.

Takeaway: Do not delay in enforcing your intellectual property rights, as a delay in bringing legal action may lead to forfeiture of the right to seek equitable relief.

Takeaway: The USPTO has issued a rule that establishes confidentiality between patent agents and their clients.