Tag: Patent Litigation
-
Bad Advice – Non-publication Requests for Patents
How incompetent patent attorneys hide their work product from public view. Occasionally, I run into patents where the patent attorney talks the client into a non-publication request. This is always a bad thing. Non-publication requests…
-
Patent Attorneys Do Not Live with Their Mistakes
The Feedback Problem in Patent Law. Patent attorneys typically have zero feedback about the quality of their work product. This is an inherent weakness of the whole patent system. The attorneys do not have to…
-
Contingency Fee Litigation Is Only a Last Resort
If you are having to do contingency fee litigation on your patents, you did something wrong. Contingency fee litigation is a unique feature of American Law, where attorneys perform some or all of the litigation…
-
What Is Patent Infringement?
Patent infringement is when someone else uses your patented idea without permission. The strict, legal definition is when someone infringes or performs every limitation of at least one patent claim. This is found in 35…
-
How Patent Pools Work
Patent pools and standards essential patents are the Holy Grail of intellectual property. Patent pools are sophisticated ways that companies can bring technology together, cross license them, and license that package of intellectual property to…
-
How Patent Licensing Works
On a small scale, a patent owner might worry about creating patents that can be asserted against competitors. The plan is to stop a competitor from copying. These thoughts are often where a startup stops…
-
IP Indemnification for Small Companies
I am “too small” to get sued for patent infringement[1]. Many small companies believe, falsely, that they are too small to be sued. Very small companies can be targets for patent trolls, but what happens…
-
What Are The Costs To Enforce or Defend a Patent?
Two stages of litigation: claim construction and the trail. Post Grant Review (or Inter-Partes Review) Patent litigation can be very expensive, and the costs of litigation go up considerably with the amount of money at…
-
Why Startup Patents Are Doomed From The Start
Patents for small companies are fundamentally different from patents for large companies. The decisions made – and skills needed – to develop the two are very different. Old tractor in the Alpine meadows There are…