July/August Newsletter The 4th of July, Sherman IP’s Philanthropy and the Supreme Court Decision Making Thoughtful Patent Prosecution Much More Important!   With summer in full steam, we hope you had a wonderful 4th of July, are getting some time off of work and just enjoying life.   In celebration of America’s Independence Day, … Continue reading July/August 2017 Sherman IP Newsletter

By Kenneth L. Sherman In May, the United States Supreme Court made it somewhat less expensive and easier for businesses to defend against what are often “strong-arm” patent lawsuits. The Supreme Court thereby made well-drafted patents, with strong claims and supportive specifications, much more valuable. At first glance, the Court’s decision in TC Heartland LLC … Continue reading Assessing Patent Infringement Claims in Light of New Venue Restrictions; Well-Drafted, Strong Patents Just Became More Valuable!

Sherman IP is Onboarding the AKeyMark Platform! Sherman IP is constantly innovating and striving to maintain its competitive edge. The AKeyMark Platform was launched to provide trademark applicants self-service tools when working with a trademark attorney. Sherman IP has always been the trademark legal team powering AKeyMark. Now, we’re excited to announce that Sherman IP … Continue reading June 2017 Sherman IP Newsletter

When you work in Intellectual Property law, you know a thing or two about creativity. This creative spark is the catalyst that propelled Kenneth L. Sherman, the Managing Partner of Sherman IP to rethink how Sherman IP approaches the traditional attorney client relationship. After hearing from clients about how many traditional law firms left them … Continue reading Innovating Client Relationships in Intellectual Property Protection – A Case Study with the L&R Group of Companies

By Kenneth L. Sherman On March 21, 2017, the United States Patent and Trademark Office (USPTO) implemented a new order to enhance their examination of trademark registrations up for renewal and to remove registrations that are no longer in use. The new order may result in the cancellation or limitation of a trademark registration if … Continue reading Getting Help for Your Trademark Renewals Just Became Imperative; Post-Registration Trademark Use Audits Now Conducted by USPTO

May 2017 Newsletter Our Clients Make Headlines! This month we’re focusing Sherman IP’s newsletter on you, our clients.  Over the past 25 years (yes, we’re gearing up to celebrate our 25th Anniversary this year!), we’ve built a reputation of providing high quality, efficient legal services. We look at you, our clients, as relationships where we … Continue reading May 2017 Sherman IP Newsletter

By Kenneth L. Sherman There’s a ton of confusion around the question, “Can I copyright my logo?” To answer this question appropriately, it’s important to first identify the scope of protection you may be seeking, by distinguishing between trademarks and copyrights. Each type of legal registration serves different purposes, are obtained differently, and provide different … Continue reading Should I Copyright or Trademark My Logo?

By Kenneth L. Sherman Coming up with a name for your company, product or service is one of the most important decisions you make that will set the stage for your brand and your future marketing efforts. How do you pick the right name that will not only sound great, but one that will allow … Continue reading Picking the Right Trademark for Your Brand

April 2017 Newsletter And the Winners Are… Last month we announced our participation and sponsorship of the Maseeh Entrepreneurship Prize Competition (MEPC) and Min Family Social Entrepreneurship Challenge at the USC Viterbi School of Engineering. This month we wanted to congratulate the student participants on a job well done and announce the winners! We are proud … Continue reading April 2017 Sherman IP Newsletter

Crowdfunding Tips You Need to Succeed Imagine the feeling you get when you’ve finally pressed the “launch” button on your Kickstarter campaign.  That one small click represents hundreds or even thousands of hours of hard work and creativity.  The feeling is one of excitement, relief and anticipation that funding will flow like manna from heaven.  You’ve done … Continue reading Crowdfunding Tips You Need to Succeed

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by Dennis Crouch Arctic Cat Inc. v. Bombardier Recreational Prods. Inc. (Fed. Cir. 2020) This case involves the notice requirement for collecting back-damages in patent cases.  35 U.S.C. 287(a) creates a system for limiting back-damages in instances  where a patentee fails to mark its patented articles as patented. In the event of failure so to … Continue reading Proof that the Infringer was Notified of the Infringement

Soultran’s new petition for writ of certiorari asks a seemingly simple question: Does Alice’s step one require that the claims be viewed as a whole and that consideration be given to the claimed advance over the prior art? Solutran, Inc., v. Elavon, Inc. (Supreme Court 2020). In the underlying litigation, the district court denied the defendant’s summary … Continue reading Processing Checks and Patent Eligibility

by Dennis Crouch A newly canonical case in property law texts is Popov v. Hayashi, 2002 WL 31833731 (Cal. Super. Dec. 18, 2002).  The case involves a Barry Bonds record-setting home run baseball.  Alex Popov almost caught the ball, but as it entered his glove he was immediately engulfed by the crowd of fans who … Continue reading Pre-Possessory Interests in Patent Law

By David Hricik, Mercer Law School An order by Judge Alsup in Oracle Am., Inc. v. Google, LLC (N.D. Cal. Jan 28, 2020 (here)) reflects an unusual fact pattern.  The court had appointed an expert (in docket 2143, which by itself says a lot) who worked with the firm of Charles River Associates (“CRA”).  Google … Continue reading Disqualification of a Party’s Expert Who Migrates to the Firm of a Court-Appointed Expert

By Jason Rantanen Yesterday, Dennis wrote about competing questions in a Supreme Court cert petition.  In its merits brief in Google LLC v. Oracle America, Inc., filed on Wednesday, Respondent Oracle also frames the issues a bit differently than Google did. Google Questions presented Oracle Questions presented 1. Whether copyright protection extends to a software … Continue reading Oracle’s brief: More competing questions

In re Google (Fed. Cir. 2020) In a mandamus order, the Federal Circuit has ruled that Google cannot be sued in E.D. Texas for patent infringement — holding that the district is an improper venue under TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017). For most Federal Causes of action, venue … Continue reading Google Servers – Not Enough for Venue

I enjoy reading competitive questions-presented in Supreme Court petitions.  Although I don’t have evidence to support this, my contention is that respondents have become much more aggressive at recharacterizing the questions from the way they were presented in the original petition.  As that aggression grows, so does the propensity of petitioners to write even more … Continue reading Competing Questions in Supreme Court Petitions

Mira Advanced Tech v. Microsoft (Fed. Cir. 2020) The PTAB sided with Microsoft — finding the challenged claims of Mira’s two challenged patents obvious. U.S. Patents 8,848,892 & 9,531,657.  On appeal, Mira hired new counsel and argued for an alternative claim construction of the term “contact list.”  Figure 1 in the claims is described in … Continue reading Contact List Appeal Not Frivolous

Automotive Body Parts Ass’n v. Ford Global Techs, LLC (Supreme Court 2020) [19-__PetitionForAWritOfCertiorari] Ford has implemented an aggressive strategy of patenting the various parts of its new vehicles.  Many of these new patents are design patents: Wheels; fenders; airbag compartments; grilles; bumpers; tail lights; headlights; console; hood; mirror; etc. After an accident, a vehicle owner … Continue reading Infringe Ford’s Design Patents by Repairing your Car