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Should My Provisional Application Include Drawings?

By: Dunlap Bennett & Ludwig  [4/6/22] Drawings are not required in a provisional application. In fact, one advantage of a provisional application is its lack of requirements. But just because drawings are not required, does that mean they shouldn’t be included? First, let’s discuss the central purpose of a provisional application. A provisional application establishes… Continue reading Should My Provisional Application Include Drawings?

Should I Mark My Product as Patent Pending?

By: Dunlap Bennett & Ludwig  [4/4/22] To collect damages in a lawsuit, patented articles must be marked with the word “patent” or “pat” with the patent number per 35 U.S. Code § 287. What about articles that are patent pending? Is there a requirement to mark those as well? In short, there is no requirement… Continue reading Should I Mark My Product as Patent Pending?

Foreign Filing for Patents

By: Anna Kinney [4/1/22] Many people applying for a patent in the United States only consider filing in other countries as an afterthought. You should consider whether you want to file in foreign countries before filing a nonprovisional application in the US. If you wait too long, you may lose priority to your earliest filing… Continue reading Foreign Filing for Patents

Mentone Solutions v. Digit Int’l and the Importance of Detailing Technological Improvements in a Patent Specification to Survive Eligibility Challenges under § 101

By: Mark Magas Mentone Sols. LLC v. Digi Int’l Inc. provides patent owners with additional guidance on the pendulum swinging away from the widespread, successful challenges to validity, which sprung from Alice and its progeny. [1]. In Mentone, the U.S. Court of Appeals for the Federal Circuit reversed a decision by Judge Stark from the District of Delaware that found… Continue reading Mentone Solutions v. Digit Int’l and the Importance of Detailing Technological Improvements in a Patent Specification to Survive Eligibility Challenges under § 101

Do not be “Crossed,” Prior Inter Parte Reexamination Decision Can Have Issue Preclusive Effect

On February 22, 2021, a panel majority of the Court of Appeal for the Federal Circuit determined, in SynQor, Inc v. Vicor Corp., No. 2019-1704, that issue preclusion can apply to previous inter parte reexamination decisions. Judge Dyk strongly dissented.  In 2011, SynQor, Inc. asserted multiple patents against Vicor Corp in a district court litigation, including… Continue reading Do not be “Crossed,” Prior Inter Parte Reexamination Decision Can Have Issue Preclusive Effect

Requests to Inspect: An Unused Arrow in the Quiver for Patent Litigation

By: Dunlap Bennett & Ludwig Rule 34 of the FRCP is mostly known for Requests for Production, but there’s another (often glanced over) part of the rule that doesn’t get the attention it deserves. FRCP 34(a)(2), often referred to as a Request to Inspect or Request to Enter onto Land, allows one party to physically… Continue reading Requests to Inspect: An Unused Arrow in the Quiver for Patent Litigation

ANDA in Action: Merck’s Diabetes Drug is At the Center of Another Patent Infringement Case

By Thomas Dunlap [Dec. 08, 2020]  Nearly two years before patent expiration, Merck, Sharp & Dohme Corp’s (Merck) diabetes drug, Janumet, is at the center of another patent infringement case. In response to an Abbreviated New Drug Application (ANDA) filed with the Food and Drug Administration (FDA) by Ajanta Pharma Ltd., Merck is suing for… Continue reading ANDA in Action: Merck’s Diabetes Drug is At the Center of Another Patent Infringement Case

Because Patents Are Worth It… L’Oréal Wins Whistleblower Lawsuit

By Ithi Joshi Joshi is an Associate Attorney at Dunlap Bennett & Ludwig.  The U.S. District Court for the District of New Jersey dismissed a whistleblower lawsuit last week against L’Oreal USA Inc., the personal care company, and the American subsidiary of L’Oréal, S.A. (“L’Oreal”), over the termination of an employee refusing to meet an… Continue reading Because Patents Are Worth It… L’Oréal Wins Whistleblower Lawsuit

The Transgenic Mice of Regeneron

The Transgenic Mice of Regeneron By Stoyan Radkov and Daniel Finnegan  Radkov is Of Counsel, and Finnegan is the lead Patent Attorney with Dunlap Bennett & Ludwig. At a recent campaign stop, President Trump informed supporters that he “felt like Superman” after his experimental COVID-19 treatment with a Regeneron Pharmaceuticals Inc. antiviral drug. The antiviral… Continue reading The Transgenic Mice of Regeneron

Most Notable Patent Decisions in the First Half of 2020

Most Notable Patent Decisions in the First Half of 2020 [July 9, 2020] In the first half of 2020, several notable decisions further shaped the course of patent law, with rulings from the Supreme Court and Federal Circuit impacting PTAB proceedings, as described below: Thryv. Inc. v. Click-to-Call Technologies L.P. (U.S. Supreme Court) In April,… Continue reading Most Notable Patent Decisions in the First Half of 2020

Intern Program

As part of our effort to recruit, develop and retail the best and brightest attorneys, Dunlap Bennett & Ludwig offers a summer intern program for promising law school students who are looking to work as part of an innovative and incredibly successful team. With a global team of lawyers, selected candidates are able to work on high level projects in a collaborative space.

Paralegals and Legal Support Staff

At Dunlap Bennett & Ludwig, our team of paralegals and staff work together collaboratively along side our attorneys toward a common goal. We have created a positive work environment where our paralegals and legal assistants work to successfully reach firm-wide goals and support each other to combine individual strengths to enhance team performance. They regularly assist our attorneys with organizing and maintaining files, conducting legal research, and preparing documents.