Who Carries the Burden in IPR—And, Does it Matter?

The Inter Partes Review (“IPR”) proceeding, part of the America Invents Act, sets up a streamlined procedure for any party (“petitioner”) to challenge the validity of the claims of an issued patent, not in a court, but in the US Patent Office, generally at a much lower cost when compared to federal court. An IPR […]

Tropic Ocean Airways: Don’t Draft your Complaint on the Beach

When a lawsuit is filed, a plaintiff must provide the factual and legal basis for the claims to avoid the case being dismissed.  How much detail must be provided was arguably changed significantly by a pair of U.S. Supreme court decisions, Twombly and Iqbal, decided in 2007 and 2009, respectively.  Before these two cases, the […]

You’ve Worked Hard to Develop Your Brand, But Is Your Investment Protected?

Don’t let someone else steal your brand.  Imagine this: you’ve worked hard for about 10 years to develop your brand and name recognition.  After years putting in sweat equity, your business is finally starting to take off.  It might even be time to expand to a neighboring state.  There’s only one problem.  A couple from […]