Category Archive for "Patterson Thuente News"

Obviousness doesn’t require motivation to combine prior art

When a party challenging a patent’s validity alleges that multiple prior references made the invention obvious, it may need to show that someone would have been motivated to combine those references into the invention. However, in a recent case, the U.S. Court of Appeals for the Federal Circuit found that no motivation to combine is required where a secondary reference is used only to explain the primary reference.

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Testing Truths

Experimental use preempts public use, on-sale bars to patentability Common sense might seem to dictate that a new invention would require testing before an inventor moves ahead with it. But could such testing trigger the public use or on-sale bar to patentability? Not necessarily. As the U.S. Court of Appeals for the Federal Circuit explained in a recent case, the experimental use exception may negate both bars.

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Extra! Extra!

SCOTUS clarifies copyright infringement lawsuit prerequisite Authors of work obtain exclusive rights — copyrights — in their works immediately on creation of the work. But they generally can’t file a civil lawsuit for infringement of those rights until they register the work with the U.S. Copyright Office.

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Ideas on Intellectual Property Law – Aug/Sept 2019

Patterson Thuente IP is pleased to present the August/September issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Intellectual Property Across Cultures

Succeeding in today’s global economy requires more than business and legal acumen. It also requires the ability to communicate across cultures – to understand the values, practices and beliefs that underscore countries’ business and legal systems.  Nowhere is this understanding more important than in the area of international intellectual property protection, where success depends upon acquiring and commercializing rights in countries that may seem very different from our own.

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Music platform hits a sour note

Resale of digital music violates Copyright Act The introduction of digital works has raised a variety of questions about how the Copyright Act applies in the modern age. But one thing is now clear: Neither the first-sale doctrine nor the fair use defense allows the resale of copyrighted digital music files.

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Patterson Thuente IP Attorneys Listed by Super Lawyers

Jim Patterson and Brad Pedersen were named to the 2019 Minnesota Super Lawyers® listing for intellectual property. Sarah Stensland was recognized on the Rising Stars® listing for intellectual property litigation.

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Lens manufacturer loses the blame game

Circumstantial evidence seals induced patent infringement liability It may seem apparent to patentees when someone is inducing third parties to infringe their patents, but it’s not always easy to prove in a court of law. The U.S. Court of Appeals for the Federal Circuit, which hears all patent-related appeals, recently provided a welcome reminder that sometimes circumstantial evidence can go a long way. The court also weighed in on the proper calculation of lump-sum reasonable royalty damages.

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When a surname can be registered as a trademark

Family businesses often like to use their surname as a mark for their products and services, whether as a point of pride or simply because they feel the name is memorable. These businesses can run into obstacles, though, when it comes time to register trademarks with the surname. A prolonged court battle over one such mark shows how problems can arise — and how businesses can overcome them.

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Design patents hot in GUI/UX

If a graphical user interface is important to your business’ overall brand, you should take another look at design patents. According to recent statistics from the World Intellectual Property Organization the graphical user interface (GUI) and user experience (UX) space are among the fastest growing areas of design applications filed at the USPTO. Why are design patents so popular for protecting GUI elements of products?

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Choosing the wrong name can be expensive. Gain essential knowledge on trademarks and the naming process. Introducing The Guide for Pursuing Legally Defensible & High-Value Trademarks – a collaborate effort with the branding experts Olive & Company. 

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