Author Archives: John DiGiacomo

Patent Claims Drafting: Difference Between Using “A,” “The” and “Such”

Patent Claims Drafting: Difference Between Using “A,” “The” and “Such”

Patent

An interesting opinion was recently issued by the Federal Circuit concerning how to draft patent claims and the importance of the words used. See Evolusion Concepts, Inc. v. Hoc Events, Inc., No. 2021-1963 (US Fed. Circuit, January 14, 2022). The case involved a patent related to firearm magazine conversion kits. In particular, the patent at […]

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Patent Law: What is the Temporary Presence Defense to Claimed Infringement?

Patent Law: What is the Temporary Presence Defense to Claimed Infringement?

Patent

In patent law, there is a rarely-used and little-known defense to a claim of patent infringement called the “temporary presence defense.” The defense has its origins in English law and was recognized here in the United States in a Supreme Court case from 1856. It is now codified in the Patent Act at 35 USC […]

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What is Business Disparagement and What Can Be Done?

What is Business Disparagement and What Can Be Done?

Corporate

Business disparagement is a form of defamation, but directed at a business. In general terms, business disparagement, as defamation, is stating something false — provably false — about a business that causes injury or damage to the business. Importantly, expressed opinions are NOT defamation. Business disparagement can come in two forms — oral and written. […]

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