Practice Areas & Industries: Sunstein Kann Murphy & Timbers LLP


Patent Prosecution and Portfolio Development Return to Practice Areas & Industries

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Our Patent Practice Group includes registered patent attorneys who help our U.S. and international clients create valuable patent portfolios with an eye toward advancing their business objectives.

Our patent lawyers offer vast experience prosecuting applications in a wide variety of technical areas, including data communications and networking, computer hardware and software, electronic circuits and systems, electro-mechanical and microprocessor-controlled devices, chemistry, molecular and cell biology, food science, biochemistry, biomedical devices, optics and imaging, x-ray systems, metallurgy, ceramics, magnetic recording, fluid control systems and mechanical devices.

Articles Authored by Lawyers at this office:

Designing a Stronger International Portfolio: The Hague Agreement and US Industrial Design Remedies
Emmanuel D. Filandrianos, August 18, 2015
Business-savvy designers with an eye towards global design protection should be excited. The U.S. has recently joined the international design system established by the Hague Agreement Concerning the International Registration of Industrial Designs, giving designers a streamlined procedure for...

Federal Circuit Moves Claim Construction One Step Closer to Uniformity
Robert M. Asher, August 18, 2015
The America Invents Act of 2012 gave accused infringers a robust set of options for challenging patents before the Patent Trial and Appeal Board (PTAB), an adjudicatory body of the Patent and Trademark Office. These challenges-- inter partes reviews, covered business method reviews, and post-grant...

Following a Congressional Mandate, the Federal Circuit Streamlines the Patent Litigation Process
Brandon Arey,Thomas C. Carey, August 18, 2015
In three recent cases decided by the Federal Circuit Court of Appeals, jurisdictional issues have limited the options available to patent litigants. The general effect of the decisions has been to restrict the ability to appeal and, in the case of appeals of proceedings before the Patent Trial and...

Recent (and Anticipated) Developments in the International Application of US Patent Laws
Thomas C. Carey, August 18, 2015
The international patent system is premised on the notion that each country regulates patent laws and their enforcement within its own borders. International commerce does not always lend itself to such tidy compartments, however, forcing courts and legislatures to address complex situations. Two...

The Specter of Indefiniteness: Recent Rulings Pose Further Challenges for Computer Software Patents
Jay Sandvos, August 18, 2015
In 1980, the Supreme Court declared that “anything under the sun that is made by man” could be patented. At that time, the main challenge in getting a patent was to demonstrate how the claims were novel and inventive over the teachings of the prior art. But more recent court decisions...

Issues Resolved in an Administrative Trademark Proceeding May Bind Federal Courts in Subsequent Infringement Actions
Steven A. Abreu, August 05, 2015
In B&B Hardware, Inc. v. Hargis Industries, Inc., B&B opposed Hargis’s attempt to register its trademark SEALTITE, arguing that it would create confusion with its own SEALTIGHT mark. The Trademark Trial and Appeal Board (TTAB) agreed and refused to register the mark. Hargis did not appeal...

DDR Holdings: The Federal Circuit Leaves a Software Patent Standing
Bruce D. Sunstein, March 23, 2015
A recent decision by the Federal Circuit, DDR Holdings, LLC v., L.P., offers a glint of hope for protecting some software inventions after the same court’s discouraging decision in Ultramercial Inc. v. Hulu, Inc., which in turn followed the negative decision of the Supreme Court in...

How Broadly Should Patent Claims Be Construed in Inter Partes Reviews? The Federal Circuit Enters the Debate
Robert M. Asher, March 23, 2015
Challenges to issued U.S. patents have grown at an alarming rate since the advent of inter partes review (“IPR”) on September 16, 2012. IPR is a procedure introduced under the America Invents Act that allows for challenging the validity of an issued patent in the Patent Office rather...

Sour Grapes: When Can a Thief Spoil an Inventor’s Right to a Patent?
Thomas C. Carey, March 23, 2015
Imagine that your company has developed a proprietary technology that it expects to license to several potential customers. The technology has great commercial potential but its use is not easy to detect. It may consist of a chip, embedded software, a manufacturing process, or even a medical...

Supreme Court Reins in the Federal Circuit on Patent Claim Construction, Resulting in Greater Clarity for Litigants
David E. Blau, March 23, 2015
The Supreme Court recently issued its latest installment in a long-running debate over the deference that is due to a trial judge’s interpretation of patent claim language. The issue was whether the trial court’s interpretation can be reviewed entirely anew on appeal, or whether an...