All posts by: Laurence Weinberger

About Laurence Weinberger

Unannounced Seizure – The Ultimate Protection

October 30, 2023 Trademark

Trade secret owners have a powerful new remedy to protect their stolen trade secrets, one that is not generally available in civil actions. The Defend Trade Secrets Act (DTSA) provides a right for the trade secret owner to ask the court for an ex parte order to seize property (18 U.S.C. § 1836). Ex parte […]

Commentary: Queen of Hearts: “Off with His Head!”

September 30, 2014 Patent

Readers may recall that in our July newsletter we reported on the wonderland Supreme Court decision in Alice v. CLS Bank. The offspring of the mischief that decision created have now formed a deluge of cases during the past month and a half (for example, see the above article). To briefly review, the Court has […]

Commentary: An Abstract Fairy Tail

July 31, 2014 Patent

Last month the Supreme Court decided the case of Alice v. CLS Bank and wandered around once again in wonderland. Let me explain.  The U.S. Supreme Court, as judge made law, has grafted onto patent law the concepts that one cannot obtain a patent on a law of nature, a natural phenomenon, or an abstract […]

Privacy We Give Up for Cell Phone Convenience

November 30, 2011 Internet Law

Most of us use our cell phones for business and personal use. For instance, in the car returning from a family Thanksgiving celebration, my wife read her business e-mail, checked the weather, referred to a map for our location, and browsed for Black Friday sales. We all assume such phone activities are relatively private, but […]

Cold Milk for Chocolate Milk – Part II

March 31, 2011 Litigation, Trademark

As our readers may remember, we previously discussed the battle royal shaping up over an iPhone application (app) that mimics milk in an iPhone “glass.” While seemingly amusing, the app business is big business with Apple reporting sales of 2.4 billion dollars in apps in 2009. Further, the issue of what constitutes the “look and […]

Crying Over Unspillable Milk (Or Ip Law As Entertainment)

September 30, 2010 Copyright

(For the purpose of enjoying a current dispute involving apps for mobile devices, remember that copyright protects an expression of an idea, not the idea itself.) Hottrix LLC sold an iPhone app (iMilk) for $2.99 that, when launched, displays a red button that when touched fills the screen from the bottom up (gurgling) with white […]

Patent Invention Services: Buyer Beware!

August 27, 2010 Patent

Anyone who regularly or even occasionally watches late night television has seen the advertisements for patent invention services. These services usually advertise an ability to help an inventor both protect and promote his or her invention. There may, indeed, be responsible organizations out there that advertise honestly and help inventors get their products to market. […]

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