Obtaining a United States patent conveys the benefit of a monopoly against others exploiting the patented invention for a limited time: 20 years from the earliest filing date. However, the process for obtaining the patent is time consuming, which can delay issuance of the patent and thereby reduce the amount of time that the patent is enforceable. The process is also expensive in terms of filing fees and attorney fees. Examiner interviews during prosecution provide the opportunity to advance the patent application to allowance in less time and to reduce the overall cost of obtaining a patent. At the same…
Chinese patent protection has become a very important component of a worldwide intellectual property portfolio. Considering China only began granting patent rights in 1984, while the United States has been doing so since 1790, this has been an absolute sea change in business planning for many global companies over the past few decades. In the last year alone, a total of 1.49 million patent applications were filed with the National Intellectual Property Administration, PRC (the Chinese Patent & Trademark Office). By comparison, this is more than were filed with the United States Patent & Trademark Office and European Patent Office…
Olaf Soot Design, LLC v. Daktronics, Inc., 839 F. App’x 505, 508 (Fed. Cir. 2021) Key Takeaways: District Courts must resolve claim construction disputes When claim language makes clear that two components are separate components, one element cannot be treated as part of the other. In Olaf, the district court failed to resolve the parties’ dispute as to claim construction and allowed the dispute to be tried to the jury. The Federal Circuit made quick work of this issue, reiterating its holding in O2 Micro International Ltd. v. Beyond Innovation Technology Co., where it held that “[w]hen the parties present…
The CDC’s eviction moratorium finally ended at midnight on July 31, 2021.   The moratorium could not be extended due to the U.S. Supreme Court’s decision that the CDC exceeded its statutory powers and didn’t have the right to issue an eviction moratorium in the first place.  Thus, any future federal moratorium will need to be created by Congress via legislation.  Congress tried to organize something in an attempt to pursue legislation late last week but did not have enough people on board to move forward. So what happens now? Congress could still try to pass legislation creating another eviction moratorium in the future.  From…
When researching a legal issue, local laws are an often overlooked resource.  Municipal and county governments pass ordinances on a variety of topics, including administrative procedures, standards of conduct, and zoning.  Although many of these laws are available online through local government websites or through services such as eCode or municode, they can be difficult to locate.  Fortunately, the Wisconsin State Law Library has created a comprehensive guide to Wisconsin Ordinances and Codes. Some larger municipalities and counties enable you to delve even deeper into their legislation and legislative history.  Legistar from Granicus is a legislative management software used…
“What do you think about a change of business?” Maria Frost, August 30, 1865 Lavinia Goodell held a number of different jobs. She was rarely out of work for long and, like many young people who are trying to move up in the world, she was always on the lookout for fresh opportunities. Her family and friends also sometimes suggested positions that they thought might suit her. Lavinia Goodell, c. 1870   In 1865, Lavinia’s father retired from his position as editor of the Principia, an anti-slavery newspaper in New York City, and he and his wife moved in…
On July 28, 2021, the court of appeals ordered publication of the following criminal law related decisions: State v. M.D.M., 2021 WI App 42 (establishing the procedure for resuming delinquency cases that were suspended because the juvenile was found incompetent to proceed) State v. Daniel J. Rejholec, 2021 WI App 45 (interrogating officer violated Miranda by telling the suspect he wouldn’t be able to testify at trial) State v. Chrystul D. Kizer, 2021 WI App 46 (construing the affirmative defense afforded to human trafficking victims for crimes they commit that directly result from trafficking violations of which…
Trempealeau County v. B.K., 2020AP1166, District 3, 7/27/21 (one-judge decision; ineligible for publication); case activity B.K. (“Brian”) argues he was denied procedural due process because he was not given particularized notice of which standard of dangerousness the County intended to prove at the final commitment hearing. He also contends the evidence presented at the hearing was insufficient to prove he was dangerous. The court of appeals rejects with both claims. Brian argues that it was “consistently unclear” which of the five standards of dangerousness under § 51.20(1)(a)2.a.-e. the County intended to pursue, and that Lessard v. Schmidt, 349…
Who knew that you could borrow seeds from the Madison Public Library?  A lot of people, apparently.  So far this year, the Madison Public Library’s Seed Library has given away nearly 2,000 seed packets, including flowers, herbs, and produce seeds. Here’s a sampling of the seeds available at participating Madison libraries (Lakeview Library or Goodman South Madison Library): Bush Green Beans Beets Collards Cucumbers Flowers: Cosmos, Marigolds, Nasturtiums, Pansies, Sunflowers, Zinnias Herbs: Basil, Chives, Cilantro, Oregano, Parsley, Rosemary, Sage Kale (lacinato) Lettuce Melon: Cantaloupe, Watermelon Pie Pumpkin Radishes Spinach Squash: Butternut, Zucchini Sugarsnap Peas Peppers: Sweet bell type, Hot…
Yesterday the CDC issued new guidance recommending Americans to “wear a mask indoors in public if you are in an area of substantial or high transmission.” The site includes a link so individuals can search their particular county to find out if transmission is low, moderate, substantial, or high.  As of the date of this writing, Ruder Ware’s office locations in Brown County, Eau Claire County, and Marathon County all remain at “moderate” transmission levels according to the CDC.  The CDC guidance and county search engine can be found here. This new guidance comes on the heels of the Department…
In light of increasing concerns about the COVID-19 Delta variant in the United States, the CDC has revised its recommendations regarding masks for fully vaccinated individuals. Although the CDC has reiterated that infections happen in only a small proportion of people who are fully vaccinated, people who are fully vaccinated may spread the virus to others. To stop the spread of COVID-19 and particularly the Delta variant, the CDC is recommending that those who are in an area of substantial or high transmission should wear a mask in public indoor settings, even if they are fully vaccinated. OSHA’s COVID-19 guidance
As our Firm noted in yesterday’s Legal Update, the CDC put out updated guidance regarding the use of masks due to the impact of the delta variant. As noted, the updated CDC guidance recommends that masks be worn at schools. Please recognize that such information from the CDC is only “guidance” and it is not a requirement or mandate. More specifically, the CDC guidance notes: CDC recommends universal indoor masking for all teachers, staff, students, and visitors to schools, regardless of vaccination status. Further, the CDC indicates that “[c]hildren should return to full-time in-person learning in the fall with proper…
By: Attorney Chris Strohbehn  Drivers of motor vehicles are required to act safely and take all necessary measures to prevent harm to others who use the roads. Drivers should be sure to understand that motorcycles and bicycles have the right to share the road, and they should follow the correct traffic laws at all times when driving near these vehicles. When bicyclists or motorcyclists are involved in collisions with cars or trucks, they are likely to be seriously injured. In some cases, a driver may claim that they were not responsible for the injuries in a motorcycle accident or…
State v. George Steven Burch, 2021 WI 68, on certification from the court of appeals, affirming the judgment of conviction; case activity (including briefs) We said in our post on the court of appeals’ certification that this case presented novel and important issues about searches of cell phones and their data. So we anticipated a decision addressing the parameters of police searches of digital devices. But the majority doesn’t address those issues or decide whether Burch’s Fourth Amendment rights were violated. Instead, the majority holds that, regardless of the lawfulness of the search of Burch’s cell phone data, “there…
State v. George Steven Burch, 2021 WI 68, 6/29/21, on certification from the court of appeals, affirming a judgment of conviction; case activity (including briefs) The circuit court properly exercised its discretion in allowing the state to introduce evidence relating Fitbit with requiring expert testimony on the reliability of the device. After Nicole VanderHeyden was found murdered, police focused their suspicion on her boyfriend, Douglass Detrie. But they shifted focus from Detrie in part because his Fitbit device showed he’d only taken 12 steps during the time period of the killing, which wasn’t consistent with other evidence regarding the…
Cyberpunk 2077 is the 20202021 equivalent of Duke Nukem Forever: Protracted development timeline, multiple delays, and upon eventual release – mixed reviews. Although Cyberpunk certainly faired much better than Nukem did from a gameplay and critical reception standpoint – the legal fallout experienced by CD Projekt (developer of Cyberpunk) has been decidedly much worse. Not only do they have to contend with a class-action lawsuit surrounding the release of the game – the Copyright Office denied their application for copyright protection on the Cyberpunk 2077 logo. In today’s post, we’ll be discussing the Cyberpunk 2077 copyright rejection and some…