Theodore Chiacchio

Theodore Chiacchio

Theodore Chiacchio is the Founder and Owner of Chiacchio IP, LLC, a law firm that specializes in intellectual property law. Mr. Chiacchio has been practicing intellectual property law for over 15 years. He regularly prepares and prosecutes U.S. patent and trademark applications. Mr. Chiacchio counsels clients regarding a wide range of intellectual property issues, including patent, trademark, copyright, and trade secret issues. Mr. Chiacchio prepares cease-and-desist letters for clients whose intellectual property rights are being infringed or misappropriated. Mr. Chiacchio has also spent well over a decade litigating intellectual property disputes on behalf of his clients. He has served as lead trial counsel in federal trademark infringement, copyright infringement, and trade secret misappropriation litigation; and has played in integral role in five patent infringement trials.

For more information or to contact Mr. Chiacchio, please visit his Firm Profile Page.


Posts by Theodore Chiacchio


Top Tips for Maintaining Adequate Quality Control Over Trademark Licensees

In order for rights in a trademark to persist, the mark must be used in commerce continuously. Wallack v. Idexx Labs., Inc., No. 11CV2996-GPC(KSC), 2015 WL 5943844, …
By Theodore Chiacchio
7 days ago 0

Federal Circuit Treatment of ‘Commercial Success’ in Hatch-Waxman Cases

In order to establish that the commercial success factor supports a non-obviousness finding, the patentee must establish that a connection (or nexus) exists between the novel aspects …
By Theodore Chiacchio
1 year ago 1

Patent Eligibility Determinations in Life Sciences Patent Cases

This article examines Supreme Court and Federal Circuit analyses of patent eligibility under 35 U.S.C. § 101 where the patent claims at issue were directed to Life Sciences-related …
By Theodore Chiacchio
1 year ago 3

Federal Circuit Treatment of Inherency Arguments Aimed at Method of Treatment Patent Claims

This article examines Federal Circuit case law analyzing validity challenges to method of treatment patent claims where the claims at issue are alleged to recite an inherent …
By Theodore Chiacchio
2 years ago 5

The Federal Circuit’s Approach to the Infringement Analysis in Hatch-Waxman Cases

35 U.S.C. § 271(e)(2) provides that it shall be an act of infringement to submit an Abbreviated New Drug Application (“ANDA”) “if the purpose of such submission …
By Theodore Chiacchio
2 years ago 3

Examining CAFC Application of §271(g)(1)’s ‘Materially Changed’ Exception to Infringement Liability

35 U.S.C. § 271(g) was enacted in 1988 as part of the Process Patents Amendments Act to address instances where would-be infringers were avoiding infringement liability by using …
By Theodore Chiacchio
2 years ago 0

Analyzing obviousness and anticipation challenges to claims directed to an isolated component of a prior art mixture

Based on the governing Federal Circuit case law, where the patent claim at issue is directed to a specific component (such as a specific enantiomer) of a …
By Theodore Chiacchio
2 years ago 1

Avoiding drug development clinical trials from being an invalidating public use

The legal principles set out above, while seemingly straight-forward enough, leave ample room for case-specific interpretation and application when it comes to the question of whether the …
By Theodore Chiacchio
2 years ago 4

A review of enhanced damages since Halo: Minimizing potential exposure to enhanced damages

Since the Supreme Court’s decision in Halo, there have been approximately 100 cases analyzing whether the adjudged infringer acted egregiously/willfully en route to a determination of …
By Theodore Chiacchio
2 years ago 0