• History of the Submarine Patent

    MARSHALL, TEXAS, August 6, 2021. U.S. District Judge Rodney Gilstrap tossed out a $308.5 million patent-infringement verdict against Apple, Inc. Judge Gilstrap found the plaintiff intentionally delayed its application (originally filed in the 1980s). The resultant patents didn’t start issuing until 2010. These are called “submarine patents” and stay “hidden” until the industry implements the … Read full article

  • Patents Granted Today

    It is only July 20, 2021 and we’ve seen 70 patent grants so far this year. Five important patents granted today and we cover them below. Getting a patent is challenging. It means that the invention claimed is useful, new and non-obvious. In other words, our inventors have created something that never existed before. Patents … Read full article

  • Why patent examiner interviews are a must

    In most instances, patent attorneys should conduct patent examiner interviews. An examiner interview is an opportunity to speak directly with the examiner to address the issues contained in the office action. Unless the issue is simply correcting a formality, your odds of securing a successful outcome are almost certainly greater if you participate in an … Read full article

  • Genericide – The Killer of Trademarks

    In some instances, trademarks become so successful they start to represent an entire category of goods.  In trademark law, generic terms are not afforded trademark protection. Genericide refers to situations in which the public understands and uses a brand name in a generic way to refer to an entire category of goods which results in … Read full article

  • Brand Names – How to Avoid Descriptiveness Issues

    Picture this – you’re starting a new business with a great idea to provide a brand new item to consumers. You’ve researched the market, performed due diligence on the product, and maybe even obtained patent protection on the item. You know there’s a need within the industry for your product, and all you have to … Read full article

  • Five Reasons Smith & Hopen Ranks as the Top Firm for Patent Law

    Smith & Hopen is an epitome of an IP boutique and consistently ranks as the top firm for patent law. We practice intellectual property law–and nothing else. We are a full-spectrum IP firm handling a wide range of IP matters, including all aspects of patent and trademark prosecution, IPR trials, and Federal Circuit appeals. Although … Read full article

  • How to Protect Fashion and Accessories

    There are several avenues to protecting fashion and accessories. Louboutin was able to protect the color red for his famous red soled shoes. Read full article

  • Are Unemployment Benefits Driving Innovation?

    Last week, the U.S. Labor Department reported 7.4 million unfilled jobs in the United States. Neel Kashkari, president of the Federal Reserve Bank of Minneapolis conceded the possibility that unemployment benefits might play a part. Congress passed bills providing an additional $300 a week on top of regular state benefits to the unemployed. This average … Read full article