Erin Caldwell

Patent Portfolio Considerations During Times of Financial Uncertainty

By Erin Caldwell on March 27, 2020 Posted in Patent

In response to the economic effects of the COVID-19 pandemic, many companies are reevaluating their expenditures. Some may look to their intellectual property portfolios as a place to cut costs. But any decisions to scale back on investments in patents should be driven by business considerations and not by panic. In order for a well-informed … Continue Reading

Federal Circuit Confirms the Value of Design Patents Covering Replacement Parts

By Lisa N. Collins and Erin Caldwell on September 5, 2019 Posted in Patent

On July 23, 2019, the Federal Circuit departed from its utility patent-focused docket to deliver a precedential opinion relating to design patents in Auto. Body Parts Ass’n v. Ford Global Techns., LLC. At issue were the validity and enforceability of design patents on automotive repair and replacement parts. The case arose from a filing by … Continue Reading

Supreme Court Unshrouds the ‘On Sale’ Bar as Applied to Secret Sales

By Erin Caldwell on January 25, 2019 Posted in Federal Circuit, Patent

This week, the Supreme Court issued a decision holding that a secret sale qualifies as prior art. At issue was whether the America Invents Act (AIA) changed the “on sale” bar to patentability to exempt secret sales as prior art.[1] The case, Helsinn Healthcare v. Teva Pharmaceuticals USA, arose out of agreements entered into by … Continue Reading

Protecting a Scent Makes Sense

By Erin Caldwell on May 5, 2017 Posted in Trademark

Although seldom seen in applications or registrations, a scent that identifies the source of a good or service may be eligible for protection as a trademark. Registration of a scent mark carries many of the same requirements that apply to a word mark or a design mark. The scent must be used in commerce.[i] Also, … Continue Reading

Federal Circuit looks to provisional patent application in determining claim scope

By Erin Caldwell on February 16, 2017 Posted in Patent

Differences between a provisional patent application and a nonprovisional application claiming priority to the provisional application may inform claim construction, following the Federal Circuit’s recent decision in MPHJ Tech v. Ricoh.[1] In MPHJ Tech, the Federal Circuit affirmed an inter partes review decision in which the Patent and Trademark Appeal Board (PTAB) found claims of … Continue Reading