Welcome to our blog.  Here you will find resources for inventors and practitioners.  We may also add a touch of whimsy from time to time.

November 10, 2017

This post is from a series on Open Innovation.  For more information, please click the "Open Innovation" Tag.  I recommend reading the posts in chronological order.
 

Recall that in a "closed innovation" model, firm boundaries are established so that only internal research ideas are considered for development, and once considered they are either developed internally and brought to market or left to die.

Chesbrough notes six principles (or six axioms) of the traditional closed innovation models.  The proponent of the closed innovation model...

November 9, 2017

This is the first post in a series on Open Innovation.  For more information, please click the "Open Innovation" Tag.  I recommend reading the posts in chronological order.

Though it's been over 10 years since its publication, Henry Chesbrough's Open Innovation: The New Imperative for Creating and Profiting from Technology remains fresh and insightful.

The term "open innovation" was a term promoted by Henry Chesbrough to argue that a transition is needed in certain industries whereby firms can and should consider both external as well as in...

November 8, 2017

A sound intellectual property strategy can add value to any business, generate revenue streams, and act as an additional bargaining chip in negotiations.  However, it is often difficult for businesses and inventors to figure out how to reduce their IP costs without sacrificing quality.  Below are some practical pointers to consider when formulating your IP strategy.  These will serve as a primer to help you ask the right questions.

Diversify.  An IP strategy should take a long look at the business, considers all the tools, and choose...

November 4, 2017

They may not know it, but everyone you meet likely owns intellectual property. While they may not own a patent or a trademark, almost everyone is a copyright owner.  In the United States, copyright is a type of intellectual property reserved to protect original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, architecture and, of course, photographs. Photo booth software makes it easy to start an event photography business where hundreds, if not thousands,...

October 27, 2017

Secondary considerations may be presented as evidence to rebut a prima facie of obviousness over the prior art as proscribed by the Supreme Court's decision in Graham v. John Deere.  These secondary considerations may include commercial success, long-felt but unmet need, and copying by competitors.

An interesting discussion of secondary considerations, and specifically commercial success, is the Federal Circuit's recent decision of Merck Sharp & Dohme Corp. v. Hospira, Inc., 2017 U.S. App. LEXIS 21201.

Merck had presented objective e...

October 14, 2017

In Jang v. Boston Sci. Corp., 2017 U.S. App. LEXIS 18825, the Federal Circuit revisited a decade-old controversy.  The case is a good opportunity to see the mechanics behind the ensnarement doctrine and a hypothetical claim analysis. 

The Fed. Circuit reviewed claim 1 of U.S. Patent No. 5,922,021, which recites:

1. A stent in a non-expanded state, comprising:

a first expansion strut pair including a first expansion strut positioned adjacent [*4]  to a second expansion strut and a joining strut of the first expansion strut pair th...

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