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When considering a broadening reissue application, patent owners often confront a recurring issue: Can a limitation added or argued during prosecution of an original patent to gain allowance over prior art later be broadened during reissue? Recent developments in case law at the Federal Circuit Court of Appeals and U.S. Patent and Trademark Office (“USPTO”) suggest a way to permissibly broaden such limitations through reissue and still avoid recapture. We call it reclaiming the ring.
Reissue practice is corrective. It allows a patent owner to correct one or more errors in a patent and is authorized by statute, 35 U.S.C. '251. One of the recognized errors that may be corrected is when a patent owner has claimed less than he had a right to claim. In this instance, a patent owner can file for broadening reissue and seek broader claims. Certain restrictions apply, however, such as the patent owner must be diligent (a broadening reissue application must be filed within 2 years from the original patent issue date). In addition, filing requirements must be met, such as filing a reissue declaration signed by inventors, obtaining consent of an assignee, and remitting payment of reissue filing fees.
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There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.