How Invalidity can Trump Indirect Infringement: the Federal Circuit’s Decision in Commil v. Cisco

How Invalidity can Trump Indirect Infringement: the Federal Circuit’s Decision in Commil v. Cisco

If you own a patent, you know that you need to be aware of potential and actual infringers.  After all, a patent grants an inventor the exclusive right to make, sell, and use an invention, and what good are those rights if someone else is doing just the same with an identical invention? Of course, Read more about How Invalidity can Trump Indirect Infringement: the Federal Circuit’s Decision in Commil v. Cisco[…]

Software Patenting: Another Setback

Software Patenting: Another Setback

Intellectual property law forbids the patenting of abstract ideas.  After all, imagine if someone had patented the immutable laws of physics – that person could have an infringement case against everyone under the sun.  But, is a software-based invention inherently too abstract an idea to be patented?  Software programmers who want to file patents hope Read more about Software Patenting: Another Setback[…]

Does your employee handbook adequately cover intellectual property issues? *ATTORNEY ADVERTISING*

Does your employee handbook adequately cover intellectual property issues? *ATTORNEY ADVERTISING*

Over the years, The McHattie Law Firm, LLC has received many requests from our clients to review their existing employment manuals and handbooks, paying particular attention to the intellectual property (“IP”) provisions.  Invariably, not one of those manuals provided thorough, and in many cases even adequate,  guidelines for employees on the company’s intellectual property “Dos Read more about Does your employee handbook adequately cover intellectual property issues? *ATTORNEY ADVERTISING*[…]

DO YOU HAVE A TASTE FOR PATENTS? Exploring the patentability of flavors and fragrances

DO YOU HAVE A TASTE FOR PATENTS? Exploring the patentability of flavors and fragrances

Simply stated, flavors and fragrances are patentable, but that’s only half the story.  A little background on patents is warranted before we explore the patentability of flavors and fragrances Patent law protects “new and useful processes, machines, compositions of matter, and new and useful improvements thereof.”  Patent protection is granted to inventions that are useful, Read more about DO YOU HAVE A TASTE FOR PATENTS? Exploring the patentability of flavors and fragrances[…]

The Times They Are A’Changing

The Times They Are A’Changing

The amount of money companies are prepared to invest on protecting their intellectual property is a fairly good litmus test for the state of the economy.  There is concern that the current depression in the economy is showing no sign of improving. In a recent article by the Economist Magazine, the number of patent applications Read more about The Times They Are A’Changing[…]

Is Innovation Being Stifled

Is Innovation Being Stifled

Is innovation being stifled by current policies? Having practiced intellectual property law for more than 25 years, I’ve had the singular honor of witnessing American innovation, creativity and entrepreneurial energy signal the end of every economic down turn. All those unemployed and under employed workers, having a little time and inspiration, innovate and develop new Read more about Is Innovation Being Stifled[…]