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Use of Incorporation By Reference in Patents: A Shortcut Tool and Possible Consequences
In drafting a U.S. patent application, the patent applicant may refer to a prior publication to aid in describing the background or some other facet of his or her invention. The applicant may incorporate this prior public information expressly into the specification of his or her application, or as a shortcut may incorporate this information by explicit reference. This seemingly innocuous shortcut may be a useful tool for the patent applicant or patentee; however, patent infringement litigants ' whether plaintiff or defendant ' should be keenly aware not to overlook subject matter that has been incorporated by reference either in the patent at issue or in relevant prior art when validity of the patent is challenged.
Incorporation By Reference to Blame for Finding of No Infringement
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
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?
Bankruptcy Sales: Finding a Diamond In the Rough
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 Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Blockchain Domains: New Developments for Brand Owners
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.