Articles

Cole: Congress to the rescue in race to save software patents

When it often takes three to five years to secure a patent, you don’t want to empty your patent application pipeline if you think the law will change in the near term. And now it is looking increasingly likely that Congress will step in and bring order to the current chaos.

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Roach & Hiler: Top 10 technology licensing pitfalls

While license agreements are often complex, we have seen many common pitfalls in licenses for patents and know-how (trademark and copyright licenses present similar issues, but are beyond the scope of this article). A “top 10” is a somewhat arbitrary list, but here goes:

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Carmel spine surgeon wins $112M verdict in royalty battle with Medtronic

Dr. Rick C. Sasso, an Indiana spine surgeon and inventor, has won a sweeping, five-year legal battle against medical-device giant Medtronic, with a jury this week awarding him $112 million in damages. Sasso, president of  Indiana Spine Group, claimed Medtronic had violated a contract by not paying royalties he was due for spinal implants and screw-implant systems he had invented and licensed to the company more than a decade ago.

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Notre Dame Law School clinic secures disease detection patent

Detecting cancers and cardiovascular diseases now may be a bit easier thanks to a new patent secured by the Notre Dame Law School’s Intellectual Property and Entrepreneurship Clinic. The portable invention may help doctors detect such serious diseases faster and more economically by using biomarkers.

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Federal Circuit decision nudges patent examiners to be reasonable

Although it only affirms what has been said before, a September decision from the Federal Circuit Court of Appeals is nevertheless surging in popularity among inventors and their attorneys because it reminds the U.S. Patent and Trademark Office that the standard of “broadest reasonable interpretation” for evaluating patent applications does not mean “broadest possible interpretation.”

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SCOTUS to decide whether patent challenges must be heard in court

In the wake of hefty attorney fees and an onslaught of what was viewed as unnecessary litigation filed by “patent trolls,” Congress authorized the Patent Trial and Appeal Board to begin conducting inter partes reviews of patent challenges in 2012 as an efficient and cost-effective alternative to patent litigation. But now, the popular IPR process could be in jeopardy as the United States Supreme Court considers whether federal law requires patent challenges to be adjudicated in court.

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