The patent statute provides that “in the absence of any agreement to the contrary,” each joint owner of a patent enjoys the right to exercise the patent rights without accounting to the other owners. The key phrase here is “in the absence of any agreement to the contrary.” If there is an agreement between joint owners, the agreement controls. (Wisconsin Alumni Research Foundation (WARF) v. Xenon Pharma)

It’s bad enough when you sue for patent infringement and lose. It’s worse when you lose and are ordered to pay the defendant’s attorney’s fees and costs. (Martec, LLC v. Johnson & Johnson and Cordis Corporation)

The latest in a spate of legal malpractice claims is one where we can only shake our heads and wonder, “what were they thinking?” (Davis v. Brouse McDowell)

Recently, we came across an article, "The Art Of Writing License Invitation Letters," written by a couple of attorneys from the Greenberg Traurig law firm. The article offers advice on drafting letters which offer the recipient a patent license, without conferring standing to bring a declaratory judgment action (known as a “DJ” to those of us in the patent biz).

A patent which is procured through “inequitable conduct” is unenforceable. Periodically, the C.A.F.C. states that the defense of inequitable conduct is over-utilized and, therefore, it is looked upon – by the C.A.F.C. – with “disfavor.” Of course, these pronouncements do not prevent the trial courts from finding inequitable conduct, nor the C.A.F.C. from affirming these findings. Most claims of inequitable conduct arise out of allegations that the patentee has withheld prior art from the patent examiner.