Chinta & Fratangelo LLP

Patent Practitioner 2.0: USPTO Introduces New Design Patent Bar

Padmaja Chinta, The Mother Court (January 2024) The New Year has launched a brand-new chapter in U.S. patent law practice. On January 2, 2024, in a historic move, the U.S. Patent and Trademark Office (USPTO) amended its rules of practice and established a separate design patent practitioner bar. See 88 FR 78644. Design patents relate …

Padmaja Chinta Sworn in as President of Federal Bar Association’s SDNY Chapter

Partner Padmaja Chinta was sworn in as the President of the Federal Bar Association’s Southern District of New York (SDNY) Chapter. She is the first Asian-American to hold this position in the chapter’s 80-yr history. The oath ceremony was held On October 10th at the SDNY courthouse presided over by Chief Judge Laura Swain and …

Padmaja Chinta will be installed as the President of the the Federal Bar Association’s SDNY Chapter.

On October 10th, 2023, partner Padmaja Chinta will be installed as the President of  the Federal Bar Association’s SDNY Chapter. The SDNY Chapter is very honored to have Chief Judge Laura T. Swain, the Hon. Diane Gujarati and Patricia Martone speak at the Installation Ceremony.

Padmaja Chinta Named Fellow of Litigation Counsel of America

Partner Padmaja Chinta of Chinta & Fratangelo LLP has been selected as a Fellow of the Litigation Counsel of America. She is a litigator in the firm’s intellectual property practice and a graduate of the University of Pennsylvania Law School. She regularly represents domestic and international companies across federal courts as well as the Patent …

Why Should You Get a Patent?

An issue for many tech entrepreneurs is whether they should spend the resources (money and time) on getting a patent. Let me address the issues here why you should or should not get a patent. Before we even get to the issues, let’s define what is eligible for a patent: to get a patent you …

You Have A Book Deal Offer — Now What?

My clients have learned from their mistakes and currently understand the importance of having the advice of a qualified attorney prior to signing with a publisher. Because these mistakes or pitfalls often come with a hefty price tag down the line, in this article we share with our reader’s important negotiation points that are commonly …

ATTENTION DIGITAL AND BOARD GAME DEVELOPERS!

ATTENTION DIGITAL AND BOARD GAME DEVELOPERS! One area of practice that I particularly enjoy is helping game developers secure their intellectual property rights. The gaming industry is interesting from a legal perspective particularly because it involves the three main areas of IP protection: trademarks, copyrights and patents. It is well established that games of chance …

OFFENSIVE AND DEFENSIVE PATENTING AS A STRATEGIC OPTION TO PROTECT YOUR INVENTIONS

OFFENSIVE AND DEFENSIVE PATENTING AS A STRATEGIC OPTION TO PROTECT YOUR INVENTIONS A patent gives the patent owner the ability to exclude someone else from practicing the claimed invention, which can lead to market exclusivity if a product is within the scope of an issued patent claim. But an important strategic option could be a …

THE HATCH-WAXMAN ACT (SIMPLY EXPLAINED)

THE HATCH-WAXMAN ACT (SIMPLY EXPLAINED) The Hatch-Waxman Act (formally known as the Drug Price Competition and Patent Term Restoration Act) is a law passed in 1984 that created the generic drug industry as we know it today in the United States. The Hatch-Waxman Act was created in response to a court case called Roche Products, …

WHAT IS A WRITTEN DESCRIPTION IN A PATENT?

WHAT IS A WRITTEN DESCRIPTION IN A PATENT? A critical aspect in patent drafting is the “written description requirement” (35 USC §112(a)). This is a standard feature of all patent systems, which requires that claims be “supported” by the specification. Shortfalls in meeting the written description requirement are common mistakes that can get inexperienced patent …

DEVELOPMENTS IN OBVIOUSNESS LAW AND HOW IT COULD AFFECT YOUR INVENTION

DEVELOPMENTS IN OBVIOUSNESS LAW AND HOW IT COULD AFFECT YOUR INVENTION In the recent Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc., No. 2017-2078 (Fed. Cir. Sept.10, 2018) decision, the Federal Circuit (the US appeals court for all patent cases) made a very harsh obviousness conclusion that may leave a big potential round of financing from …

THE PROBLEM-SOLUTION APPROACH

THE PROBLEM-SOLUTION APPROACH Patent prosecution is one of my sharpest skills, and I just got word of an important patent allowance for one of my biotech cases. The beauty of receiving this notice was compounded by the strategy and approach to getting this case out the door with allowable subject matter. As my friends and …

WHY CHOOSE AN IP LITIGATOR?

WHY CHOOSE AN IP LITIGATOR? Many businesses have intellectual property such as patents, trademarks, or copyrights. In many cases, a time will come when you think someone is infringing those intellectual property rights. In other cases, you may receive a letter (or lawsuit papers) alleging you are infringing someone else’s patent, trademark, or copyright. For …

LIVE EVENTS: MANAGING RISK FOR SUCCESS

This video is being shared with the consent and permission of Mishu Music. Promoters of live events such as festivals and music performances have multiple aspects to coordinate before an event can successfully take place. Without a doubt, experienced promoters know that the support of legal counsel is crucial in every step of the way; …

WHAT DOES IT TAKE TO GET A PATENT? PERSEVERANCE IS A KEY INGREDIENT

WHAT DOES IT TAKE TO GET A PATENT? PERSEVERANCE IS A KEY INGREDIENT What does it take to get a patent issued? One ingredient that clients often struggle with is perseverance. The reality of getting an issued patent is that it is often a struggle. For those caught in this trap — you should get …

YOU HAVE A BOOK DEAL OFFER – NOW WHAT?

YOU HAVE A BOOK DEAL OFFER – NOW WHAT? My clients have learned from their mistakes and currently understand the importance of having the advice of a qualified attorney prior to signing with a publisher. Because these mistakes or pitfalls often come with a hefty price tag down the line, in this article we share …

Crowd Funding Boost? Crowd Funding Patent Invalidated by Kickstarter

US Patent 7,885,887, claiming crowd funding, is invalid under §101. “The ‘887 Patent claims only the abstract and time-honored concept of patronage, and even the addition of an element of computer use is insufficient to render it valid under Section 101 of the Patent Act, 35 U.S.C. § 101.” Kickstarter’s motion for summary judgment is granted

Wellman, Inc. v. Eastman Chemical Co. – A Trade Secret Does Not Excuse Best Mode

Wellman lost a patent infringement claim on the grounds that it failed to disclose a specific preferred formulation known at the time the patent was filed, and also because it attempted to hold back part of the invention as a trade secret.   Wellman, Inc. v. Eastman Chemical Co., No. 2010-1249 (Fed. Cir. 4/29/2011). Wellman had …