Dear Doc: It’s a year into the pandemic, and it seems that most “information workers” are working virtually, while most “essential workers” are still bravely showing up every day. Apart from the unfairness in that, and the fact that if we had all just locked down for several weeks at the start we could have […]
Blog – Adam Garson Law
Is There Light on the Horizon?
April 15, 2021
Patent
The horizon of which inventions are patentable, that is. For the last decade or so, the Supreme Court has been steadily excluding one technology after another from patent protection. The recent series of cases started in 2010 with Bilski v Kappos, which determined that a method of hedging utility fuel prices was not patentable. Then the […]
In its 2020 Review of Notorious Markets for Counterfeiting and Piracy, the United States Trade Representative warns: “Commercial-scale copyright piracy and trademark counterfeiting cause significant financial losses for U.S. right holders and legitimate businesses, undermine critical U.S. comparative advantages in innovation and creativity to the detriment of American workers, and pose significant risks to consumer health and safety.” […]
The Half-Billion Dollar Family Business
March 11, 2021
Patent
VirnetX Holding Corporation is a 20-employee, publicly-traded (NYSE: VHC) corporation with a market capitalization of $505 million and with unusual family compensation. VirnetX owns 190 patents for some of the key technologies of the last fifteen years, including technologies used for Skype, iMessage, FaceTime and virtual private networks. VirnetX is in the business of licensing those patent […]
U.S. v. Arthrex: A Battle for Power over Patent Judges
March 4, 2021
Patent
A fascinating aspect of the law is that something can be standard practice, or settled law, until a creative lawyer or court pulls it apart, turns it on its head, and a new paradigm is born. Think of Brown vs. the Board of Education, Miranda v. Arizona, or Citizens United v. Federal Election Commission. Each of these decisions […]
Ask Dr. Copyright © About You’ll Boldly Go
February 25, 2021
Ask Dr. Copyright
Dear Doc (hope you’re well and alive): I heard of a case that’s just jive.You can go, but not boldlySaid the judge, rather coldlyFar too Seuss, your project, contrived. Signed,ComicMix Dear CM: I suppose that you are asking about a recent court decision in a dispute about the book “Oh, the Places You’ll Boldly Go!”, a mashup […]
It’s Official – Patent Examiner Interviews are Effective
February 18, 2021
Patent
After the patent examiner issues a decision (an ‘office action’) on a patent application, the applicant has the right to an ‘interview’ with the examiner. The interview can be in person, by video or by telephone. During Covid-19, in-person interviews are out, but video and telephone interviews are available. In the interview, the applicant can […]
In 2011, H. R. 2511, “Innovative Design Protection and Piracy Prevention Act” was an attempt by Congress to extend copyright protection to fashion design. The bill died in Congress and never received a vote. To this day, fashion designs remain unprotected under U.S. copyright law. One fashion-related area that has received considerable attention, however, is in the […]
As a scrappy Silicon Valley startup, Google’s motto was “Don’t Be Evil”. The phrase was part of the employee Code of Conduct and was even the Wi-Fi password for its company shuttles. The phrase disappeared from the Code of Conduct in 2018, long after Google had become an Internet search giant and had begun acting […]
Ask Dr. Copyright About Bringing Lawsuits
January 28, 2021
Ask Dr. Copyright
Dear Doc: I’ve heard you say many times that Americans have a right to sue each other for any reason, so lawyers can’t tell their clients that they won’t get sued, only that in a properly adjudicated case, they have a high probability of prevailing. Aren’t there ANY limits on lawsuits? Signed,Fed Up Dear FU: […]