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Situational Morality And Pulse Oximetry: Apple Watch Infringement And Human Nature

Few Apple fans realize how much of the Masimo infringement Apple admitted (“no dispute”), nor the strained nature of Apple’s remnant advocacy

January 9, 2023 |  By: Robert Greenspoon First published at InnovationGadfly.com, reposted with permission.   As a nerdy kid, I used to read popular science magazines in the checkout line, waiting for my mom to finish buying groceries. It was the early 1980’s. I remember picking up the latest Psychology Today issue and flipping through… Continue reading Situational Morality And Pulse Oximetry: Apple Watch Infringement And Human Nature

Apple Watch Imports (Possibly) Banned by the ITC: What Patent Owners Need to Know

Apple Watch Imports (Possibly) Banned by the ITC: What Patent Owners Need to Know

January 2, 2024 |  By: Mark Magas and Robert Greenspoon   You may have a tough time buying a new Apple Watch this year.   What’s Happening with the Apple Watch?   Regular consumers now enjoy a front-row seat to the long-running intellectual property dispute between Apple, the tech giant based in Cupertino, California, and… Continue reading Apple Watch Imports (Possibly) Banned by the ITC: What Patent Owners Need to Know

The PREVAIL Act and the Patent Eligibility Restoration Act: Summary of Proposed 2023 Legislative Reforms to the U.S. Patent System

The PREVAIL Act seeks to overhaul certain procedures at the Patent Trial and Appeal Board (“PTAB”). The Patent Eligibility and Restoration

The PREVAIL Act and the Patent Eligibility Restoration Act: Summary of Proposed 2023 Legislative Reforms to the U.S. Patent System October 30, 2023  |  By: Mark Magas and Robert Greenspoon   A bipartisan group of senators introduced two new bills this year to address prevailing issues with the U.S. patent system. This article summarizes the… Continue reading The PREVAIL Act and the Patent Eligibility Restoration Act: Summary of Proposed 2023 Legislative Reforms to the U.S. Patent System

Who Owns the Rights to Employee Inventions?

Who has the ownership rights to a patentable invention, the employee or the company they work for? The rights for employee inventions...

August 16, 2023   |   By: Mark Magas and William Flachsbart   Who Owns the Rights to Employee Inventions?   One question we commonly hear from inventors is whether they have ownership rights to a patentable idea they conceived while working for a company. The answer can be quite tricky.   “The general rule is that… Continue reading Who Owns the Rights to Employee Inventions?

The Case for Allowing AI-Assisted Inventions

April 14, 2023   |   By: Mark Magas   Patentability of AI-assisted Inventions DBL’s Managing Partner Tom Dunlap recently wrote an interesting article about the current state of artificial intelligence (AI) inventorship. Mr. Dunlap detailed the patenting efforts surrounding DABUS, an AI system developed by Dr. Stephen Thaler that autonomously created certain inventions. In Thaler v. Vidal, The Federal… Continue reading The Case for Allowing AI-Assisted Inventions

Will ChatGPT End the Legal Profession? Don’t Fire Your Lawyer Just Yet

January 17, 2023   |   By: Mark Magas ChatGPT is a new and wildly popular generative artificial intelligence (AI) tool from OpenAI.[i] Users provide textual instructions to the tool, such as “Explain quantum computing in simple terms,” and the tool will generate a response. Based on people’s reactions so far, the responses are uncannily realistic. The release… Continue reading Will ChatGPT End the Legal Profession? Don’t Fire Your Lawyer Just Yet

§101 Reform Bill’s Murky Language Might Do the Opposite of What It Intends, Killing Patents Upheld in Court Decisions

By: Mark Magas  [9/26/22] The law of unintended consequences provides that actions “always have effects that are unanticipated or unintended.”[1] This folk wisdom holds true when it comes to the Patent Eligibility Restoration Act of 2022. The bill proposed by Senator Thom Tillis is the latest legislative proposal to amend 35 U.S.C §101.[2] Despite the… Continue reading §101 Reform Bill’s Murky Language Might Do the Opposite of What It Intends, Killing Patents Upheld in Court Decisions

Why You Should Consider Filing a Patent Continuation

By: Mark Magas  [8/24/22] What is a Continuation? After filing an original patent application, a patentee may file a continuation that claims priority to the original application. Think of a daisy-chain. Before prosecution of an original patent application ends, another starts. A continuation is a separate patent claiming priority to the original patent that may… Continue reading Why You Should Consider Filing a Patent Continuation

Key Aspects of a Non-Disclosure Agreement (NDA)

By: Mark Magas  [3/23/22] A non-disclosure agreement (“NDA” or “confidentiality agreement”) is a legally enforceable contract that creates a duty for one or more parties to keep certain information confidential. [1] The party disclosing the confidential information is typically called the “Disclosing Party,” and the party receiving the confidential information is typically called the “Receiving Party.” Although NDAs… Continue reading Key Aspects of a Non-Disclosure Agreement (NDA)

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

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.