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The Dangers Of Hindsight Bias In The Context Of Obviousness

Mintz v Dietz & Watson, Inc, No 2010-1341, 2012 US App LEXIS 10884 (Fed Cir, 30 May 2012), ‘Mintz II’   Abstract In Mintz, the US Court of Appeals for the Federal Circuit set forth protections against improper hindsight analysis in analysing whether a claimed invention is obvious.   Legal context In performing an obviousness […]

In The Press:
WTR turns to Max Vern for input on Cracker Barrel trademark conflict

WTR turns to Max Vern for input on Cracker Barrel trademark conflict. Max Vern, senior counsel at Amster Rothstein & Ebenstein, advises that brand owners considering extensions should undertake requisite due diligence and err on the side of caution to avoid encroaching on another earlier brand that – like Kraft’s Cracker Barrel – appears to […]

Monetization of a Firm’s Patent Rights: A Lawyer’s Perspective

‘‘Monetization’’ of patents—i.e., making money from a patent or patent portfolio—has evolved from a model that relied solely on traditional direct licensing to include a diverse and exciting array of new modes that can be used to potentially profit from patent assets. The authors assess the array of new modes that have evolved for making […]

In The Press:
Fed. Circ. Order May Lead To Speedier Transfer Rulings

IPLaw 360 turns to partner Charles R. Macedo for input on Federal Circuit Order. The ruling "teaches that while the judicial economy factor is not a trump card that will necessarily avoid transfer, it can be a factor that a court may rely on when deciding against transferring a case," said Charles R. Macedo, partner […]

Global Patent Litigation: Mapping Your Strategy

Filing patent infringement suits against an alleged infringer in more than one jurisdiction may provide a patentee with major strategic advantages. However, a successful global patent litigation campaign requires complex strategic planning that takes into account the differences between key jurisdictions in timing, procedure and substantive patent law… Click here to read the article. – […]

In the Press: Exact meaning of prior art under AIA appears to be a moving target

Technology Transfer Tactics turns to partner Charles R. Macedo for comments on first-to-file rules: Charles R. Macedo, Esq., a partner at Amster Rothstein & Ebenstein LLP, New York, notes that in recent seminars on the new law conducted by the PTO, the Office acknowledged that its prior art definition may need some further tweaking. “The […]

In the Press:
Apple request for Samsung phone ban is denied

CNN Money turns to former partner Michael Kasdan for comments on Apple’s patent infringement case against Samsung: Regarding Judge Koh’s denial of Apple’s request for an injunction against the Samsung products found by the jury to infringe: "Obviously, this is a serious and surprising set-back for Apple and its legal team," said Michael Kasdan, a […]

In The Press:Bilski to raise questions for different industries

Patent practitioners highlighted the looming questions facing various industries as a result of the US Federal Circuit decision in In re Bilski in a web seminar held last week. The eagerly awaited Bilski decision was published on October 30. While the Court reaffirmed that business methods are patentable, it rejected its previous "useful, concrete and […]

In the Press:
Exact meaning of prior art under AIA appears to be a moving target

Technology Transfer Tactics turns to partner Charles R. Macedo for comments on first-to-file rules: Charles R. Macedo, Esq., a partner at Amster Rothstein & Ebenstein LLP, New York, notes that in recent seminars on the new law conducted by the PTO, the Office acknowledged that its prior art definition may need some further tweaking. “The […]