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When a Takedown is used Wrongly

The Ninth Circuit has ruled that prior to seeking a Takedown under the DMCA, copyright holders must perform a fair-use evaluation of the alleged infringement. Failure to do so, may expose the copyright owner to damages for wrongfully seeking a DMCA takedown. By its definition, fair use includes non-commercial portions of a work which do Read more about When a Takedown is used Wrongly[…]

The Purpose of a Patent and Patent Searches

Continuing with our Patent 101 series, today we look at the Purpose of a Patent and Patent searches. What is a Patent? Patents are rewards granted to inventors by the government for coming up with a new and useful invention.  The reward typically gives a limited right to control who uses, sells or makes the Read more about The Purpose of a Patent and Patent Searches[…]

New AIA Patent Law Brings Rush

 On the eve of the new AIA patent law changes, most law firms around the country were scrambling to file patent application s before the U.S. switched to the new first to file system, bombarding the Patent Office with a record number of applications, according to data from the agency. Preliminary numbers from the USPTO Read more about New AIA Patent Law Brings Rush[…]

Patent License Agreements – Pay for Delay

Today, the Supreme Court will hear oral arguments in a patent related dispute related to whether a drug company should be allowed to pay its competitors under a patent license agreement which is designed to prevent generic drugs from getting on the market.  Some refer to these arrangements as a “pay to delay” payment, and Read more about Patent License Agreements – Pay for Delay[…]

2011 Patent Reform (AIA)

Late last week the United States Senate voted 89 to 9 to send House Bill H.R. 1249 (titled “the America Invents Act”) to President Obama’s desk. The Senate voted overwhelmingly to approve the same version of the bill that the House of Representatives previously passed. Having received the blessings of both houses of the 112th Read more about 2011 Patent Reform (AIA)[…]

Charlie Sheen Trademarks

Charlie Sheen has recently filed 22 Trademark Applications related to many of his catchphrases, including “Duh, Winning” and “Tiger Blood,” according to reports.

New Patent Application Examination Rules

On May 5, 2011 the United States Patent Office (USPTO) will begin the implementation of new rules for prioritizing patent examination.  Under Track One, the patent office will expedite the examination of Patents, within twelve (12) months for an additional $4,000 payment. Small entities will receive a 50% discount on the expedited examination fee. It currently takes Read more about New Patent Application Examination Rules[…]

Charlie Sheen’s Patent

While Charlie Sheen has been in the media recently for other reasons, did you know that beneath the media superstar lies the heart of a true inventor. He is an inventor on a patented Chapstick dispenser.

White House Recommends increasing the Criminal Penalties for Intellectual Property

The White House released a white paper recommending increasing the penalties for intellectual property crimes. The recommendations involve increasing rights and penalties “so as to more effectively address the substantial harm caused by intellectual property crimes.” Recommended changes include: Increase prison term for counterfeit drug distributors; Increase prison terms for theft of trade secrets; Increase Read more about White House Recommends increasing the Criminal Penalties for Intellectual Property[…]