Posts from March 2021.
Protection By Design: An Often Under-Utilized Tool

Design patent protection is an under-utilized tool that can provide fifteen (15) or more years of protection at a fairly reasonable cost for the new and non-obvious ornamental appearance of different Articles, which can vary from consumer and industrial products to computer icons.  Once a design patent is issued, one study has shown that design patents provide a higher probability for obtaining an infringement verdict and a substantially lower chance of being found invalid than utility patents.  Accordingly, where appearance distinguishes a product from others in the ... Read More ›

Posted in: Patents

Royalties Over Lupus Treatment Terminated by Patent Disclaimer 

GLAXO GROUP LIMITED and HUMAN GENOME SCIENCES, INC. v. DRIT LP (Delaware Supreme Court, March 3, 2021, N16C-07-218).

Sophisticated parties will be held to the agreements they negotiate, and the implied covenant of good faith will not negate an unrestricted contractual right.

Background
Lupus, or systemic lupus erythematosus, is an autoimmune disease in which a person’s own immune system turns on it and destroys healthy tissue. Patients suffering from Lupus have “intense B-cell activation.” That is, their immune systems are overcharged, and one type of immune cell, the ... Read More ›

Posted in: Patents

Breaking Up is Hard: Protecting Your Intellectual Property When an Employee Leaves

It is March, and while love celebrated on Valentine’s Day may be in the air for many, breakups are inevitable. In the case of a breakup between an employer and an employee, the departure of an employee with access or knowledge of the employer’s intellectual property (IP) can put the employer at risk for IP theft or exposure. Disputes over IP ownership can have significant negative impact on a company’s value, growth potential, and reputation, even if the company ultimately comes out the victor. Therefore, it is critical to have a well-defined and consistent exit process for ... Read More ›

Posted in: Misc

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