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LimeGreenIP News

Jeff Whittle

Posts by Jeff Whittle

To tariff or not to tariff: China’s alleged intellectual property theft from the United States

As of this writing, the United States recently halted trade negotiations with China particularly as related to trade tariffs for alleged “unfair trade practices” under Section 301. Though it may be popular to label the Trump administration’s latest tariffs on China as part of an ongoing “trade war”, the response elides a significant point: that

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