Two articles authored by Timothy Baumann, "An Integrated Approach to Software Patents" and "Cutting the Cost of Software Litigation", were published in the Spring 2005 issue of The Patent Lawyer. In these articles, Mr. Baumann presents strategies for drafting and enforcing software patents successfully and in a more cost effective manner.

View article | Back to top

Steve Favakeh discusses effective approaches to responding to difficult rejections of patent applications, while obtaining the best protection for an invention. Mr. Favakeh is also a member of The Patent Lawyer Magazine's editorial board.

View article | Back to top

Fitch Even attorneys Phil Petti and Steve Schroer authored the Amicus brief submitted by the Association of Patent Law Firms in the role of advice of counsel in defending against claims of willful infringement. The APLF recommended a change to existing law that provides disincentives to the alleged infringer who asserts the attorney/client privilege to protect such advice.

View article | Back to top

John Lyhus discusses the expansion of the European Union to include 10 additional countries and resulting benefits for those filing European Union Community Trademark Applications.

View article | Back to top

Phil Petti discusses the Federal Circuit's announcement that it would consider en banc the case Knorr-Bremse Systeme Fuer Nutzfahrzeuge GMBY v. Dana Corp., which addresses the role of opinions of counsel in defending against willful infringement allegations.

View article | Back to top

Phil Petti explains the Federal Circuit's decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., (Fed. Cir. 2003), implementing the Supreme Court's rulings on prosecution history estoppel, i.e., the surrender of patent claim scope during the application process.

View article | Back to top

Phil Petti discusses changes in patent reexamination procedures giving third parties additional rights to challenge the validity of U.S. patents.

View article | Back to top

Phil Petti addresses the Federal Circuit's decision in Bristol-Myers Squib Co. v. Rhone-Poulenc Rorer, Inc., (Fed. Cir. 2003). This decision highlights the pitfalls faced by U.S. patent owners who rely on foreign patent agents and attorneys to determine whether potentially relevant information must be disclosed to the U.S. Patent and Trademark Office.

View article | Back to top

Phil Petti reviews the Federal Circuit's rulings on the proper uses of expert testimony, dictionaries and technical authorities and other "extrinsic" evidence frequently offered to interpret patent claims. Mr. Petti, participating as one of the featured speakers, presented this paper at the AIPLA Mid-Winter Meeting in January 2003.

View article | Back to top

Ken Colton discusses a lawsuit filed in the U.S. Federal Courts attacking the constitutionality of diverting Patent Office fees to general government programs. Mr. Colton explains the legal theories in the lawsuit and the related legislation directed to this issue.

View article | Back to top

Steve Favakeh discusses efforts to strengthen intellectual property rights in developing countries to promote economic development. The article reviews the provisions of international treaties that will benefit developing countries.

View article | Back to top

Fitch Even participated in a comparative study of patent enforcement procedures commissioned by the Max Planck Institute. The participants included leading patent attorneys, professors and judges from the United Kingdom, United States, Germany, Italy, France, the Netherlands and Japan. Tim Maloney contributed this chapter regarding U.S. patent litigation to a compilation of articles published in English, French, Japanese and Spanish, with assistance from Tokyo's Intellectual Property Institute and the European Patent Office.

View article | Back to top