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3 weeks ago | 
ipwatchdog.com | Josh Sloat |James Gourley |David Jackrel |Eileen McDermott
As more and more states relax restrictions on both medical and recreational uses of marijuana and hemp, the U.S. cannabis industry is projected to reach $50 billion in sales this year and over $74.6 billion by 2032. This rapid growth is occurring despite immense challenges posed by a complex and conflicting web of legal disparities between federal and state laws.
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Feb 12, 2025 | 
ipwatchdog.com | Daniel Wright |Josh Sloat |David Jackrel |Eileen McDermott
IPWatchdog LIVE Moves to March in 2025: Click for details So, your patent application got rejected. Now what? In this month’s episode of Patently Strategic, we’re talking about rejection. Specifically, the type that comes from the patent office in the form of an intimidating-sounding three-digit number when your application gets denied by an examiner.
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Dec 10, 2024 | 
ipwatchdog.com | Gene Quinn |Eileen McDermott |Kristen Hansen |David Jackrel
Support IPWatchdog with an individual sponsorship: Click here This week my conversation is with Leo White, who is Chief IP Counsel and Associate General Counsel for The Duracell Company.
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Dec 9, 2024 | 
ipwatchdog.com | Kristen Hansen |David Jackrel |Josh Sloat |Steve Brachmann
Support IPWatchdog with an individual sponsorship: Click here An invention cannot be patented if the differences between a claimed invention and the prior art are such that the claimed invention as a whole would have been obvious to a person having ordinary skill in the art at the time the invention was made.
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Nov 7, 2024 | 
ipwatchdog.com | Josh Sloat |Julie Burke |David Jackrel
Support IPWatchdog with an individual sponsorship: Click here Patent examiners can make mistakes. Patent office clerks can misfile paperwork and cause procedural errors. The software tools, document formats like DOCX, and the IT systems your application passes through can have bugs. What recourse do you have when quality issues creep in at this stage? This is where petition practice, fortunately, comes to the rescue.
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Sep 11, 2024 | 
ipwatchdog.com | Ashley Sloat |Ty Davis |Josh Sloat |David Jackrel
Void of pursuing continuations, the language of your patent is frozen in time at issuance. The specifics of the enforceable boundaries of your protection are forever fixed to the claims you chose to pursue with your initial application – but not necessarily with the full breadth of your invention as conceived. For many reasons, practitioners and inventors will often choose to limit how much of an invention is claimed in an initial application. But then the future happens. Case law changes.
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Aug 6, 2024 | 
ipwatchdog.com | Josh Sloat |Matt Phillips |David Jackrel |Ty Davis
The most terrifying thing that can happen to a patent owner is receiving an inter partes review (IPR) petition. This is a tool that accused infringers can use to invalidate patents. And they have … to alarming effect. As we’ve discussed, the kill rate at the Patent Trial and Appeal Board (PTAB) is staggering.
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Jul 7, 2024 | 
ipwatchdog.com | Kristen Hansen |Josh Sloat |David Jackrel |Ty Davis
Is your patent application only good enough to get through the examination process? Or has it been crafted to stand the tests of time and varied audiences if you later need to assert that document against an infringer, find yourself litigating with it in an Article 3 Court at the hands of a judge and jury, God forbid, end up having to defend its validity at the Patent Trial and Appeal Board (PTAB), or even needing to use it to block pirated imports at the International Trade Commission (ITC)?
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May 9, 2024 | 
ipwatchdog.com | Eileen McDermott |Steve Brachmann |David Jackrel |Josh Sloat
“Double patenting has always been suspect since there is no statutory authority for the doctrine in the first place.
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May 9, 2024 | 
ipwatchdog.com | David Jackrel |Josh Sloat |Ty Davis
The difference between getting claim construction right and getting it wrong is the difference between a valid patent and an invalid patent – and potentially the difference between millions of dollars awarded from infringement decisions vs. ending up with a worthless piece of paper. In this month’s podcast episode, we’re talking about costly tales of claim construction fails. This is the final episode in a three-part series focused on the fundamentals of patent claims and claim construction.
