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Design Patents: Common and Costly Mistakes to Avoid

By Elizabeth Herbst Schierman Think of a “patent” and what likely comes to mind is a long, technically-complex document covering the intricacies of an invention—such as a physical machine or article of manufacture. One likely also pictures several highly-detailed patent…

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Covenants Not to Compete: An Idaho Practitioner-Focused Historical Perspective

By Kammie Cuneo The ancient notion of a “covenant in restraint of trade” has given way to the modern non-compete agreement. Over recent decades, as the use of non-compete agreements has proliferated, states including Idaho have developed statutory frameworks to…

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To Take or Not To Take? The Intersection of Intellectual Property and Regulatory Takings

By Kendra S. Ankrum The America Invents Act (“AIA”), effective since 2012, established a procedure to challenge patents through inter parties review (“IPR”) before the Patent Trial and Appeal Board (“PTAB”). IPRs have become a popular, cheaper alternative to litigation…

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