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Have You Been “Hired,” But Not “Retained”? and Other Life Lessons from Davis...

Davis v. Brouse McDowell (pdf) is the Federal Circuit’s first precedential patent legal malpractice decision issued in 2010. It offers yet another cautionary tale for both plaintiffs and defendants in...

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The Perils of Patent Prosecution Delegation: A Cautionary Tale

What happens when a start-up company (Protostorm) retains a sole practitioner to prepare provisional patent applications, another solo lawyer to prepare the corresponding U.S. non-provisional...

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Is it Time for Federal Courts to Stop Exercising Jurisdiction Over Patent...

During past month when many patent practitioners may have been distracted by the “laws of nature” meaning of the Mayo v. Prometheus decision, the Court of Appeals for the Federal Circuit issued four...

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The Dire Consequences of Misleading Patent Examiners and the Court During...

As the summer winds down, vacations recede in the rear-view mirrors, and the “school” year begins, two recent cases offer a refresher course in the dire consequences awaiting  inventors who...

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Hiding in Plain Sight: The Delano Farms Plant Patent Case

Mysterious to even many patent practitioners, plant patent issues create their own peculiar body of controlling case law.  A recent Federal Circuit decision, Delano Farms v. The California Table Grape...

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