Blog – Adam Garson Law

30Sep 2011

Descriptive Trademarks Before the Board: Apple Loses One

September 30, 2011 Trademark
Designs for patents

When clients ask us to file a trademark application, one of the first things we evaluate is the strength of the proposed trademark.  Is it a strong, distinctive mark that will pass muster with trademark law, or is it a weak, non-distinctive mark that will inevitably be rejected by the Patent and Trademark Office (PTO)?   […]

26Aug 2011

BROKEN! (PAT.PEND.)

August 26, 2011 Patent
uploading photos

The United States’ patent system is broken.  It should be fixed.  Doing so will improve America’s competitive position in the world.  Bad patents should not be granted.  Patents should be examined more quickly.  Inventors should be encouraged to invent new technologies and get them to market. It would be difficult to find anyone to disagree […]

26Aug 2011

When Is Computer Software An Unpatentable Mental Process?

August 26, 2011 Patent
Copyright concepts

On August 16, 2011, the Federal Circuit Court of Appeals in CyberSource v Retail Decisions concluded that a claim to a method for detecting Internet fraud was not patentable.  The court also concluded that a claim to computer memory storing software to implement the method also was not patentable.  The Federal Circuit treated the claim […]

28Jul 2011

Treb Lipton (1942-2011)

July 28, 2011 Lipton Weinberger & Husick Blog
Courtroom

Treb and Lawrence Our founding partner, Robert “Treb” Lipton died this month.  Of course, for our firm, and for his family, he had departed some time ago in one of the cruelest jokes that disease plays on us: the Alzheimer’s Disease that robbed him of his memories.  We will miss him, but we have missed […]

28Jul 2011

Ask Dr. Copyright….

July 28, 2011 Ask Dr. Copyright, Copyright
The-Top-Computer-Companies-In

Dear Doc: We have a small business, and recently, one of our key employees quit unexpectedly.  Of course, we quickly secured things, but a customer just called to say that she has been contacted by the fellow, and that his company’s brochure is quite similar to ours, offering the same services and products.  We did […]

28Jul 2011

Employees, Patent Rights and Government Contracts – Who owns that invention?

July 28, 2011 Licensing, Litigation, Patent
Copyright

Every employer that engages in research and development work should obtain a present assignment of patent rights in future inventions from every employee.  The U.S. Supreme Court underscored this fact in the recent case of Standford v Roche. Stanford University’s research employee worked on a project to detect HIV infection.  In the employment agreement, the […]

29Jun 2011

Ask Dr. Copyright….A genuine transfer of rights is necessary before starting copyright law suits

June 29, 2011 Ask Dr. Copyright, Copyright, Litigation
Internet and Intellectual Property

Dear Doc, What ever happened to that “Copyright Troll” that was trying to sue anyone who quoted the Las Vegas newspaper? Jus’ Wondrin’ Dear Jus: Funny you should ask.  You will recall that Righthaven LLC (the “troll” you talked about) is a company that brought hundreds of law suits for copyright infringement against web sites, […]

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