Blog – Adam Garson Law

30Sep 2014

See the Amazing Shrinking Software Patent (Before It’s Gone)

September 30, 2014 Patent

As discussed above, the Alice v CLS Bank decision of the United States Supreme Court has the potential to preclude patent protection for many software and computer-implemented inventions and to invalidate many issued patents for those inventions.  The Court gave only the sketchiest guidance on how to determine when a claimed invention is too abstract. […]

29Aug 2014

Ask Dr. Copyright …

August 29, 2014 Ask Dr. Copyright, Copyright
Question on a Keyboard

Dear Doc: What do an elephant, a monkey, and the United States Federal Government have in common? Signed, The Riddler Dear Riddler: The answer to your query is: none of them can own copyrights! (Bet you didn’t see that one coming! BIFF! POW! BAM!!) Under federal copyright law (17 U.S.C. §101 et seq.) works created […]

29Aug 2014

Hit Show Upsets Pennsylvanians (and others)!

August 29, 2014 Trademark

You may have heard about the Discovery channel’s popular TV series, Amish Mafia.  The Discovery Channel describes the show: Untrusting of outside law enforcement, some Amish in Lancaster County, PA have for many years regularly turned to a small organized group of men for protection and justice. Discovery’s new series Amish Mafia provides a first-ever […]

29Aug 2014

Patent Litigation: Collecting Attorney’s Fees Just Got Easier!

August 29, 2014 Patent

Patent infringement litigation usually is high stakes and very expensive.  The cost of the litigation can easily reach seven figures or more.  In the United States, each party to litigation generally bears its own costs, with exceptions.   Section 285 of the patent statute contains the exception for patent litigation.  The statute is short and sweet: The […]

31Jul 2014

Ask Dr. Copyright …

July 31, 2014 Ask Dr. Copyright, Copyright
Question on a Keyboard

Dear Doc: Seems to me that us vegetarians don’t get no respect in court. I heard that “Lettuce Turnip the Beet” got ripped off by that infamous pirate and parachute flapping no-good Gymboree Corporation, and the judge wouldn’t lift a finger to help.  What gives? Signed, Rootin’ for the Little Guy Dear Little Root: Since […]

31Jul 2014

Trademarks, Personal Names, and Chocolate

July 31, 2014 Trademark
TM is for trademarks

A client recently asked whether he could apply to register his personal name as a trademark.  Of course, just ask Lebron James, Sarah Palin, Arnold Schwarzeneggr, or Elvis (if you catch sight of him), all of whom registered their names as trademarks.  Does that mean if your name is “Joe,” you can register “Joe’s Bar” […]

31Jul 2014

Commentary: An Abstract Fairy Tail

July 31, 2014 Patent
uploading photos

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 […]

28Jun 2014

Ask Dr. Copyright …

June 28, 2014 Ask Dr. Copyright, Copyright
TM is for Trademarks

Dear Doc: Ever since you wrote about Aereo, the company with bazillions of tiny TV antennas and video recorders, I have been waiting for them to come to my town, so that I could get a decent television picture (no more of that digital BRAAAAP every 16 seconds unless I stand next to the TV […]

28Jun 2014

Skins Lose Trademark Game Before the TTAB

June 28, 2014 Trademark
TM is for Trademarks

If you haven’t heard by now, this past week the Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office canceled several trademarks owned by Pro-Football, Inc. (“Pro Football”) for the term “Redskins” on grounds that the marks were “disparaging to Native Americans.”  This issue has been around for some time […]

28Jun 2014

Busy, Busy, Busy

June 28, 2014 Patent
The-Top-Computer-Companies-In

The Supreme Court has had a busy time of it in June stirring the patent pot, with decisions in three cases and arguments in a fourth. The general rule is that whenever the Supreme Court decides a patent case, the law is left in worse shape than it was before. The recent decisions are no […]

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