Blog – Adam Garson Law

30Oct 2014

Death Spiral of Software Patents

October 30, 2014 Patent
Designs for patents

In the not-so-slow death spiral of software patents in light of the Supreme Court’s recent decision in Alice v CLS Bank, another trial court has determined that a patent for software should not have been issued because the software addressed by the patent is not the kind of invention eligible for patenting.  In the case of […]

30Oct 2014

Fixed in a Tangible Medium … Tattoo Art    

October 30, 2014 Copyright
Copyright

Now that sporting a tattoo has gone mainstream, it would only stand to reason – – given that tattoos are creative expressions fixed in a tangible medium (skin) – – that tattoo artists seek protection of their designs under copyright law. To date, few copyright cases involving tattoos have been filed but we’ve learned that […]

30Sep 2014

Thicke and Tired of Dumb Litigation

September 30, 2014 Copyright
Question on a Keyboard

 Dear Doc: I read recently that music stars Robin Thicke, Pharrell “Hat” Williams and Clifford “TI” Harris Jr. have sued the late Marvin Gaye’s kids. Thicke and his buddies, according to the news, claim that they did not steal parts of Gaye’s song “Got to Give it Up” in the hit from a year ago […]

30Sep 2014

LWH Scores Another Success Against Domainer

September 30, 2014 Internet Law
Internet Domains

Lipton, Weinberger & Husick (“LWH”) recently scored another success against domainer, Marchex, Inc.  Here’s some background. Domainers – those who speculate in domain names – set up web sites for purposes of selling a domain or obtaining pay-per-click revenues. When the domain is identical or similar to another company’s trademark, trademark owners will attempt to […]

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 […]

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