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LimeGreenIP News

Jeff Whittle

Posts by Jeff Whittle

U.S. Energy disputes: Patents or trade secrets? Yes, please.

Most energy companies implement Intellectual Property (“IP”) strategies to protect and exploit company IP (offense) and navigate third-party rights (defense). Traditionally, these policies emphasize patents. But today’s IP-savvy energy companies strategically manage both patent and trade secret portfolios throughout a company’s particular energy sector focus. The ascendance of trade secrets reflects recent strengthening of U.S.

U.S. – Federal Circuit revamps “means-plus-function” trigger

An en banc Federal Circuit issued an opinion on 16 June 2015 weakening a longstanding claim construction presumption related to what patent practitioners know as “means-plus-function” language  under pre-America Invents Act (AIA) 35 U.S.C. § 112, para. 6 or AIA 35 U.S.C. § 112(f). This significant shift by the court will impact functional claiming, or