Robert Levy
Posts by Robert Levy
How to Prepare and Prosecute Patents in Light of the USPTO’s Post-Alice Focus on Eligibility
Since the issuance by the United States Supreme Court of its opinion in Alice Corporation Pty Ltd. v. CLS Bank International, 573 U.S. 208, 134 S. Ct. 2347 (2014), the United …
Understanding the Difference Between Preemption and Novelty/Nonobviousness
Recently, the United States Court of Appeals for the Federal Circuit (“the Federal Circuit”) issued its opinion in Solutran, Inc. v. Elavon, Inc., 2019-1345, 2019-1460 (Fed. Cir., …
Inequitable Conduct and Unclean Hands: Is There a Difference and Does it Matter?
Inequitable conduct remains the most powerful defense to patent infringement. In contrast to other defenses to patent infringement that require a claim-by-claim analysis, the defense of inequitable …
Proceed with Caution When Acquiring a Licensor’s Patents
All too often, the prospective licensee/purported infringer usually doesn’t begin its efforts to acquire the patent(s) until after making disparaging statements about them during …