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Widerman Malek Law Blog

A Fitting End(?) to Apple v. Samsung

By: Dan Pierron Nearly a year ago, the verdict in the patent infringement suit Apple v. Samsung came in, awarding Apple $1 billion in damages.  Samsung has finally paid up, in comical fashion.  I’m pretty sure everyone has thought of repaying an unpalatable debt in this fashion, but Samsung’s chutzpah in doing it is, if a […]

Defensive Patenting

Defensive patenting is a strategy for those seeking to avoid confrontation on both sides of the table.

Changes in Filing Strategy Since First-to-File Arrived

By: Dan Pierron The America Invents Act brought with it many changes, the largest of which, arguably, is the migration from First-to-Invent to First-to-File, with the first inventor to file an application with the USPTO having priority for that invention.  While this system is still nascent in the U.S., I have already found there are […]

Effective Filing Date – NPE’s Best Friend

By: Dan Pierron Infringement suits filed by Non-Practicing Entities/Patent Trolls are old news.  In reading articles and comment boards on such suits, it seems the criticisms of the NPE tend to fall into one of two categories: that those who do not participate in the marketplace should not be able to benefit from patent suits; […]

How Do I Enforce My Patent? Part 3: Filing an Infringement Suit

By: Dan Pierron Although frequently an option of last resort, filing a patent infringement lawsuit is the most direct and aggressive manner of enforcing a patent.  By filing a lawsuit in federal court, you can command a response from an otherwise unresponsive party, stand up to an unreasonable and uncooperative party, or demonstrate a position […]

How Do I Enforce My Patent? Part 2: Cease-and-Desist Letters

By: Dan Pierron As mentioned in my previous post, one strategy in enforcing your patent is to send an entity that is potentially infringing your patent what is called a “Cease and Desist” letter.  The letter has a few core purposes. First, it provides “actual notice,” which is notifying the allegedly infringing party that you believe […]

How Do I Enforce My Patent? Part 1: Overview

By: Dan Pierron Congratulations!  Your claims have been allowed, you’ve paid your issue fee, and you’ve received the seal and red ribbon! It’s been years in coming, and now you can kick back and relax, both your mind and your legal budget.  Right?  Maybe not.  Deciding how to utilize a single patent or an entire portfolio […]

First-to-File and Continuation Applications

By: Dan Pierron As has been well publicized, starting March 16, the U.S. patent system will join the rest of the world by transitioning from a First-to-Invent system to a First-to-File system, where regardless of when they invented it, the first applicant to file an application with the USPTO has priority.  Many are predicting a torrent of […]

Unitary Patent in Europe

By: Dan Pierron For those who have had experience filing patent applications in foreign jurisdiction, they know that the cost can escalate precipitously as the number of countries increases.  While the Patent Cooperation Treaty (PCT) has done much to streamline the process, it remains an expensive endeavor.  Moreover, many European countries have previously entered into European […]

3D Printers and Patent Infringement

By: Dan Pierron As a follower of several tech websites, it’s my general impression that the cost of 3D printers and their associated printing media are quickly dropping in price, to the point that it is within the budget of some hobbyists and semi-professional hardware manufacturers to purchase and operate the machines.  While this is certainly […]

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