Author: Ashley J. (Clever) Earle, Contributing Member, University of Cincinnati Law Review When thinking about patent protection, most individuals likely picture what patent attorneys describe as a “widget”—a physical, mechanical invention. Patent protection however, covers a much broader spectrum of inventions. It may seem natural to grant patents to protect new innovations such as chemical... Continue Reading →
Design Patents: How Close Is Too Close? Vacillating Court Decisions Provide Little Guidance, as Shown in Apple v. Samsung
Author: Ashley Clever, Contributing Member, University of Cincinnati Law Review When marketing a new product, a business will often need to protect both the functionality and the overall design of a product to prevent competitors from producing an identical copy. While a utility patent covers a product’s functional features—how it works and what it does,... Continue Reading →
Patent Privateering: Patents As Weapons
Author: Thibault Schrepel, LL.M., Antitrust Analyst In the late 16th century, Queen Elizabeth I of England commissioned Francis Drake to sail for America. The Queen asked him to plunder Spanish vessels on his way there. Francis Drake became a pirate commissioned by the crown. This type of “legal” pirate was called a “privateer.” They allowed... Continue Reading →
Alice Kills: Is Alice v. CLS the Destruction of Software and Business Method Patents as We Know Them?
Author: Ashley Clever, Contributing Member, University of Cincinnati Law Review This is a question many practicing patent attorneys are wondering in the wake of the recent U.S. Supreme Court decision in Alice Corporation PTY. LTD. v. CLS Bank International on June 19, 2014. In Alice v. CLS, the Supreme Court invalidated four patents owned by... Continue Reading →