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In its post-The panel dismissed claim differentiation as a basis for its previous broad construction: “[d]ifferent terms or phrases in separate claims may be construed to cover the same subject matter where the written description and prosecution history indicate that such a reading of the terms or phrases is proper.” Regarding the broad dictionary definition previously relied on, the panel noted: now counsels is that in the absence of something in the written description and/or prosecution history to provide explicit or implicit notice to the public – i.e., those of ordinary skill in the art – that the inventor intended a disputed term to cover more than the ordinary and customary meaning revealed by the context of the intrinsic record, it is improper to read the term to encompass a broader definition simply because it may be found in a dictionary, treatise, or other extrinsic source.
Louise Brooks is the virginal innocent betrayed on every level of the sexual double standard.
His book ‘Witchcraft and Black Magic in British Cult Cinema’ was recently published by Hemlock and he is a regular contributor to ‘Paranormal Underground’ and ‘Starburst’ magazines.
He’s currently writing a new book and screenplay and his embarrassingly out-of-date website can be found at Fritz Lang’s ‘Metropolis’ needs no introduction.
At MBHB, we counsel startup companies and entrepreneurs from the initial concept stage on how best to avoid potential IP-related missteps that can jeopardize their viability as a profitable business and limit their appeal as an acquisition or funding target. Tam, the Supreme Court handed down its most impactful interpretation of the disparagement clause of the Lanham Act to date by holding that at its intersection with the First Amendment, the disparagement clause violates the First Amendment’s Free Speech Clause. At issue is whether, once patents are issued, the resulting patent rights are a “public right,” in which case their validity can be resolved by an agency, or a “private property right,” in which case the validity issues must be addressed by Article III courts and arguably subject to the Seventh Amendment’s right to trial by jury. To support an award of enhanced damages, patentees will now have to establish that the infringer was more than an aggressive competitor that may have played a little too close to another’s patent rights.
By helping companies avoid such missteps and protect their IP assets, MBHB enables companies to bring their products to market, raise capital, and resolve IP litigation and disputes that may arise in the course of business. Recently, the Supreme Court delivered a rare victory for many intellectual property (IP) owners in its recent decision: Star Athletica, L. In part because of RCE and Appeal backlogs, the USPTO has introduced several post-examination programs to speed-up patent prosecution, increase collaboration between examiners and applicants, and reduce the number of RCE and Appeal filings.
In addition to telecommunications patent applications, we are adept at drafting, defending, and enforcing technology transfer agreements and all other telecommunications licensing agreements.
MBHB attorneys provide creative, pragmatic business solutions through a variety of intellectual property services, including litigation, prosecution, and general client counseling.
We routinely counsel startup companies and entrepreneurs in developing strategies to protect their IP assets. We assist in the development and selection of trademarks, securing trademark registrations, and establishing appropriate trademark usage for packaging and advertisement.