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Articles
An Integrated Approach To Software Patents And Cutting The Cost Of Software Litigation Research Discoveries after Kubin An Integrated Approach To Software Patents And Cutting The Cost Of Software Litigation
Two articles authored by Timothy Baumann, "An Integrated Approach to Software Patents" and "Cutting the Cost of Software Litigation", were published in the Spring 2005 issue of The Patent Lawyer. In these articles, Mr. Baumann presents strategies for drafting and enforcing software patents successfully and in a more cost effective manner.
View article | Back to top Practice Makes Perfect, Tips For Approaching Perfection In Amendment Practice, The Patent Lawyer Magazine,
October 2004
Steve Favakeh discusses effective approaches to responding to difficult rejections of patent applications, while obtaining the best protection for an invention. Mr. Favakeh is also a member of The Patent Lawyer Magazine's editorial board.
View article | Back to top Brief For The Association Of Patent Law Firms As Amicus Curiae, Knorr-Bremse v. Haldex Brake Products,
et al. (Fed. Cir. Nov. 5, 2003) (No. 01-1357)
Fitch Even attorneys Phil Petti and
Steve Schroer authored the Amicus brief submitted by the Association of Patent
Law Firms in the role of advice of counsel in defending against claims of willful infringement. The APLF recommended a change to
existing law that provides disincentives to the alleged infringer who asserts the attorney/client privilege to protect such
advice.
View article | Back to top Deadline Approaches For New Opportunities For Trademark Owners In Europe, APLF Patent Law Updates (Association
Of Patent Law Firms), Issue 126, October 24, 2003
John Lyhus discusses the expansion of the European Union
to include 10 additional countries and resulting benefits for those filing European Union Community Trademark Applications.
View article | Back to top The Federal Circuit To Reconsider The Role Of Opinions Of Counsel in Defending Against Charges Of Willful
Infringement, APLF Patent Law Updates (Association Of Patent Law Firms), Issue 116, October 2, 2003
Phil Petti discusses the Federal Circuit's announcement
that it would consider en banc the case Knorr-Bremse Systeme Fuer Nutzfahrzeuge GMBY v. Dana Corp., which addresses the role of opinions
of counsel in defending against willful infringement allegations.
View article | Back to top New Guidelines For Prosecution History Estoppel In The New En Banc Festo Decision (Festo IX), APLF Patent
Law Updates (Association Of Patent Law Firms), Issue 115, October 1, 2003
Phil Petti explains the Federal Circuit's decision in
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., (Fed. Cir. 2003), implementing the Supreme Court's rulings on prosecution history
estoppel, i.e., the surrender of patent claim scope during the application process.
View article | Back to top New Rules Proposed: Third Party Appeals In Inter Parte Reexaminations, APLF Patent Law Updates (Association
Of Patent Law Firms), Issue 73, May 5, 2003
Phil Petti discusses changes in patent reexamination
procedures giving third parties additional rights to challenge the validity of U.S. patents.
View article | Back to top Inequitable Conduct: New Federal Circuit Case Raises The Flag, APLF Patent Law Updates (Association Of
Patent Law Firms), Issue 69, April 24, 2003
Phil Petti addresses the Federal Circuit's decision in
Bristol-Myers Squib Co. v. Rhone-Poulenc Rorer, Inc., (Fed. Cir. 2003). This decision highlights the pitfalls faced by U.S. patent
owners who rely on foreign patent agents and attorneys to determine whether potentially relevant information must be disclosed to the
U.S. Patent and Trademark Office.
View article | Back to top Shooting From Outside The Three Point Line Using Extrinsic Evidence, American Intellectual Property
Association, Mid-Winter Meeting, 2003
Phil Petti reviews the Federal Circuit's rulings
on the proper uses of expert testimony, dictionaries and technical authorities and other "extrinsic" evidence frequently offered
to interpret patent claims. Mr. Petti, participating as one of the featured speakers, presented this paper at the AIPLA Mid-Winter
Meeting in January 2003.
View article | Back to top The Solo Inventor Strikes Back, Chemical Innovation (American Chemical Society), November 2001, at 54-55
Ken Colton discusses a lawsuit filed in the U.S. Federal
Courts attacking the constitutionality of diverting Patent Office fees to general government programs. Mr. Colton explains the legal
theories in the lawsuit and the related legislation directed to this issue.
View article | Back to top WIPO: Promoting Global Economies Via Enhanced Protection For Intellectual Property, e-Business Law Bulletin,
October 2000, at 3
Steve Favakeh discusses efforts to strengthen
intellectual property rights in developing countries to promote economic development. The article reviews the provisions of
international treaties that will benefit developing countries.
View article | Back to top Enforcement Of Patent Rights In The United States, Patent Enforcement In Selected Countries 31 IIC 723
(Max-Planck-Institute For Foreign and International Patent, Copyright, And Competition Law), 2000
Fitch Even participated in a comparative study of patent enforcement procedures commissioned by the Max Planck
Institute. The participants included leading patent attorneys, professors and judges from the United Kingdom, United States,
Germany, Italy, France, the Netherlands and Japan. Tim Maloney contributed this
chapter regarding U.S. patent litigation to a compilation of articles published in English, French, Japanese and Spanish, with
assistance from Tokyo's Intellectual Property Institute and the European Patent Office.
View article | Back to top Research Discoveries after Kubin
Fitch Even attorney, Nancy Vensko, coauthored “Research Discoveries after Kubin,” an article published in Tomorrow’s Technology Transfer, which discusses the commercialization of discoveries made at research organizations in view of the April 3, 2009 In re Kubin decision of the Federal Circuit. The article is co-authored by Steven M. Ferguson of the National Institute of Health.
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