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Think Carefully When Filing Continuation Applications
While rule-making efforts by the U.S. Patent and Trademark Office (“USPTO”) to reduce patent continuation filings have an unclear future due to the decision on March 20, 2009, in Tafas v. Doll, No. 2008-1077, by the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”), other decisions by the Federal Circuit are clearly creating additional problems for continuation filings. The Federal Circuit is now imposing new hurdles for patent continuations that arise from remarks made during prosecution and from the written description and enablement requirements of 35 U.S.C. ' 112(1). Consequently, much greater care should now be taken when filing continuation applications.
Claim Scope Disclaimer Rescissions Now Often Necessary in Continuations
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.
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.
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.
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.