SCOTUS: Forum Shopping Spree Over for Patentees

Good litigation strategy involves reviewing a case and potential jurisdictions based upon historical outcomes, some which may have more positive (or more dire) effects on your client’s case. This is sometimes referred to as “forum shopping.” And frankly, it’s just good advice. One of the most popular forums for patent litigation and patent infringement suits is Read more about SCOTUS: Forum Shopping Spree Over for Patentees[…]

The MET Announces Access to Free Images

The Metropolitan Museum announced access to nearly 400,000 images – for free. The Museum provides these images under an Open Access license for all public-domain works in the Met collection. The Creative Commons Zero (“CC0”) license allows use of the images without restriction. Entrepreneurs, artists, and business owners can now use and share these images Read more about The MET Announces Access to Free Images[…]

Patent Reexamination

Paul Allen, former Microsoft co-founder recently brought a patent infringement suit based upon 4 of his patents against many notable companies including Apple, Google, Facebook, NetFlix, AOL and others.  Last week the district court granted a stay while the patents are being reexamined. Two of the reexamination requests (those for patents 6263507 and 6034652) were filed Read more about Patent Reexamination[…]

Google’s Patent Portfolio

Patents are becoming highly prized pieces of intellectual property in the high tech arena. While, Google has admitted that it has far fewer patents than many of its rival technology companies, Google made a $900m bid to acquire the patent portfolio of Nortel Networks, a bankrupt Canadian telecommunications manufacturer. Google believes the additional patents could Read more about Google’s Patent Portfolio[…]

Novelty Requirement of Patentable Inventions

Under the U.S. Patent Act, a patent may be obtained for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” The requirement that the subject of a patent be new is referred to as the novelty requirement; the requirement that the subject of a patent be Read more about Novelty Requirement of Patentable Inventions[…]

Copyrighting Collective Works

The Copyright Act defines a “collective work” as an assemblage into a collective whole of a number of individual contributions, each of which constitutes a separate and independent work, and gives as examples periodicals, anthologies, and encyclopedias. A collective work is also referred to as a “compilation.” Under the Copyright Act, copyright in a collective Read more about Copyrighting Collective Works[…]

Passing Off under Trademark Law

In “passing off,” a seller associates another party’s mark with a good or service. The law of passing off concerns unfair competition more generally in situations where there does not need to be a registered trademark or any other intellectual property right. Where a second business does something so that the public is misled into Read more about Passing Off under Trademark Law[…]

Trademark Priority

In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. The first user of a mark in commerce, Read more about Trademark Priority[…]

Patent Applications: Written Description

One of the most important aspects of the patent application is the written description requirement. Under the written description requirement, the applicant must provide a clear description of what is being claimed for patent protection. It is what the inventor hopes to receive in exchange for what the disclosure. The written description requirement may be Read more about Patent Applications: Written Description[…]