Aaron Rabinowitz

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Podcast: When Fixing One Problem Creates Another: How Patent Infringement Arises Out of Product Repairs

By Aaron Rabinowitz on February 10, 2021 Posted in Patents, Podcast

Various products are subject to systems (e.g., purchase agreements) under which product purchasers and third parties are prevented from repairing the products and the only way to repair the product is to proceed through an authorized vendor or the original manufacturer. Manufacturers often favor such systems, as the systems (1) allow the manufacturers to obtain additional … Continue Reading

Podcast: Fast Track or Slow Stroll? Find the Right Pace For Your Patent Prosecution Matters

By Aaron Rabinowitz on December 3, 2020 Posted in Patents, Podcast

For a company rushing to bring a breakthrough product to a red-hot marketplace, the goal may be a speedy patent prosecution at the United States patent office – but for a “stealth mode” company, the goal may be a slower and quieter process that gives the company time to refine its own products and to … Continue Reading

Something on Which Even Patent Litigators Can Agree: McRO v. Bandai, Inc. Clarifies the Framework for Enablement Challenges and for Enablement Defenses

By Aaron Rabinowitz on June 1, 2020 Posted in Patent

In McRO, Inc. v. Bandai Namco, Inc. et al., No. 2019-1557, __ F.3d __ (Fed. Cir. May 20, 2020), the Federal Circuit reversed a judgment of invalidity and in doing so provided needed clarity concerning the application of the enablement requirement. This guidance is useful to patent owners and patent challengers, as the decision explains … Continue Reading

Can a Good Deed Ever Go Unpunished? Patent Infringement Considerations for Technologies Used to Combat COVID-19

By Jeffrey Lyons and Aaron Rabinowitz on May 18, 2020 Posted in 3D Printing

With the COVID-19 outbreak, institutions and corporations are scrambling to develop and produce COVID-19 tests and cures, while at the same time hospitals are facing a lack of personal protective equipment (PPE) and lifesaving medical devices such as ventilators. Major companies are using their large-scale production capabilities to mass-produce products for hospitals. For example, some … Continue Reading

All’s Fair in Love and War . . . So What About Fair Use in the Time of Coronavirus?

By Aaron Rabinowitz on April 20, 2020 Posted in Copyright

In response to the COVID-19 pandemic, schools, colleges, universities, libraries and other institutions have closed and migrated their in-person classes and other offerings to an online model. But with the rapid migration of physical content to online platforms, questions have arisen regarding the application of copyright law to books and other texts that now are … Continue Reading

3D Printing Comes of Age in the COVID-19 Crisis

By Aaron Rabinowitz on April 2, 2020 Posted in 3D Printing

Thanks to the global availability of additive manufacturing and 3D printing (3DP) and to the easy sharing of 3DP designs, a teenager in Iowa with a 3D printer can print face shields based on a design uploaded only minutes earlier by an engineer in France. Indeed, in only a few weeks, the world has seen … Continue Reading