On February 3, 2021, I co-coordinated a 4.5 hour session on negotiation training at the American Intellectual Property lawyers Association Mid-Winter Institute.
I am happy to report that the 3rd edition of Industrial Design Rights: An International Perspective, edited by me, has now been published by Kluwer in December 2020. This new edition covers 25 countries and represents the substantial work of over 50 country authors.
More information is available here:on the Wolters Kluwer web site at email@example.com
On October 22, 2020, I coordinated a panel at the American Intellectual Property Law Association (AIPLA) on "The collision between the first amendment and trademark law". Moderator was Jeniifer Van Kirk and panelists were Lauren Emerson, Paul Safier, Nicole Berkowitz and Alison Malsbury.
In May 2017 I reported on the trial decision of Mr. Justice Russell, in The Governors of the University of Alberta and Alberta Health Services v.
Post sale rights post Lexmark. Implications for U.S. and foreign patent owners and licensees.
The Supreme Court disallows post sale restrictions
The Supreme Court of the United States in Lexmark v. Impression Products 581 U.S. 1523 (2017) May 30, 2017 has disallowed any patent post sale restrictions following the sale of a patented article from the patent owner or any licensee from the patent owner.
Claim Interpretation and Patent Infringement
What’s the big deal?
It’s only words, and as lawyers we are used to reading words.
Words inherently imprecise.
If it’s a contract we try to look at surrounding circumstances to see what the parties intended?
Can we do that in a patent specification?
Does it matter what the inventor intended? If not way not?
A patent claim has a public function. It is not a matter of interpreting the party’s intention.