Blog – Adam Garson Law

07Apr 2017

When is a Defense not a Defense?

April 7, 2017 Patent
gavel of justice

Now For a Riddle: When is a Defense not a Defense?… (Pause for effect)… Answer – When the Supreme Court says it’s not. Not so many years ago, patents were very powerful.  A patent owner was entitled to a court order stopping infringement almost as a matter of course whenever the patent owner proved infringement. […]

16Mar 2017

Ask Dr. Copyright about the “Administrative State”

March 16, 2017 Patent
Question on a Keyboard

Dear Doc: The US Constitution directs, in Article I, Section 8, Clause 8, that Congress set up a patent and copyright system, “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Congress long ago did that by […]

09Mar 2017

Whiskey Wars: A Trademark Owner’s Duty to Maintain Its Rights

March 9, 2017 Intellectual Property, Trademark
The-Top-Computer-Companies-In

Trademark owners have a duty to defend their trademarks against possible and actual infringement. Ignore infringers and your trademark rights may evaporate.  Defending trademarks, however, is a full time job and not for the weak of heart (or wallet).  The beverage industry is a breeding ground of intellectual property disputes and trademark owners aggressively defend […]

02Mar 2017

Death of a Poster Child

March 2, 2017 Patent
gavel of justice

A poster child for patent trolls, that is.  MPHJ Technology gained notoriety and the ire of states, the Federal Trade Commission and Congress by buying several weak patents for $1 in 2012 and then sending out over 16,000 demand letters to businesses across the U.S. demanding payment for alleged infringement.  The patents relate to scan-to-email […]

02Feb 2017

Why Are Federally-Financed Drugs So Expensive?

February 2, 2017 Patent
gavel of justice

After WWII, the Federal government and science in general rode a wave of public approbation resulting from the stupendous success of the war-ending Bomb.  Government money poured into basic scientific research, leading to many discoveries, many inventions, and many patents.  Back in the day (President Truman’s day, that is), the Government collectively decided that the […]

26Jan 2017

Are Patents Still Important to the Pharmaceutical Industry?

January 26, 2017 Patent
Designs for patents

You betcha.  The business model of Big Pharma depends on patents.  Without strong, enforceable patents, privately-funded pharmaceutical research would not exist. Case in point:  Gilead sells the highly effective ‘Solvadi’ hepatitis C drug for $1000 per pill.  That’s $84,000 for a twelve-week course.  Idenix,  a Merck subsidiary, argued that Gilead’s Solvadi infringed Idenix patents.  A jury […]

19Jan 2017

Supreme Courts Decides Apple v Samsung (just kidding) 

January 19, 2017 Patent
Designs for patents

Speaking of Apple v Samsung, the Supreme Court issued its decision in this long-running litigation about design patents.  To recap, Samsung copied the design of Apple’s iPhone and infringed Apple’s design patents in the process.  There is no question whether the Apple patents are valid – they are.  There is no question whether Samsung infringed […]

12Jan 2017

Ask Dr. Copyright — Louis Vuitton Gets Bagged

January 12, 2017 Ask Dr. Copyright, Trademark
Question on a Keyboard

Dear Doc: I understand that it’s sometimes hard to take when someone makes fun of you, but now I have heard that one of the world’s largest brands, LOUIS VUITTON MALLETIER, S.A. (LVMH) (owners of, among other brands, Ardbeg, Belvedere, Bodega Numanthia, Cape Mentelle, Chandon, Chandon Argentina, Chandon Australia, Chandon California, Chandon China, Chandon do Brasil, Château […]

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