Litigation

11Apr 2016

Supreme Court Dabbles in Patent Law, Again

April 11, 2016 Robert Yarbrough Litigation, Patent

The first general rule is that whenever the Supreme Court accepts a patent case, it will reverse the lower court decision and change the law. The second general rule is that whenever the Supreme Court decides a patent case the law is left in worse shape than it was before. This time, the Supremes have […]

21Mar 2016

Ask Dr. Copyright… Is Mayo Patentable

March 21, 2016 Lawrence Husick Ask Dr. Copyright, Litigation

Dear Doc: I hear that in patent law, there’s a new worry about “Mayo”. What’s up? Did someone leave it out of the fridge? Did it spoil? Did folks get sick? Signed, The Entire Pharmaceutical Industry Dear Industry: The “Mayo” you heard about has spoiled a lot of things, and is likely to cause a […]

01Mar 2016

Have a Great Idea for BMW? Forget About It!

March 1, 2016 Adam Garson Litigation

Have you ever had a great idea for an existing product? Were you dying to approach the manufacturer to suggest it? Do you think that the manufacturer would even listen to you? David Lazarus, an LA Times reporter, recently wrote about this subject. Mr. Lazarus recounts the experience of a Dr. Ron Aryel, who approached […]

30Apr 2014

Google Street View Revisited…

April 30, 2014 Robert Yarbrough Litigation

Last month, we reported that Google lost patent infringement litigation relating to the Google Street View technology and that Street View was off the air. While Google did lose the infringement litigation, if Street View was ever down it was back on line by the time our newsletter published. — Robert Yarbrough, Esq.

28Mar 2013

Ask Dr. Copyright — A case of “standing”

March 28, 2013 Lawrence Husick Ask Dr. Copyright, Copyright, Litigation

Dear Doc: I’ve been listening to NPR, and when they talk about Supreme Court cases, they talk about someone standing around, and how much that matters to all them old folks on the Court. Then they complain that folks lack standing (I guess they never heard of those tall desks like old Tom Jefferson used.) […]

31Jul 2012

Patentable Subject Matter – The Issue That Will Not Die

July 31, 2012 Adam Garson Litigation, Patent

Whether an invention is the sort that can be patented is determined by §101 of the patent statute. That section states: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of […]

30Nov 2011

The ‘First Sale’ Doctrine and Why You Shouldn’t Rely on Google (or Your Friends) as Your Lawyer

November 30, 2011 Adam Garson Copyright, Litigation

One of the exclusive rights in copyright granted to the creator of a work is the right to distribute it. For instance, if you self-publish a book — a popular activity these days — you also have the exclusive right to make copies and distribute them to whomever you want. The distribution right, however, is […]

30Nov 2011

Trademark Infringement Cases on the Rise

November 30, 2011 Ash Tankha Litigation, Trademark

Trademark owners are now litigating more than ever to preserve their brand names and logos. They are taking aggressive stands with much success. Here are some recent examples. Courts are enforcing the law of trademark infringement and trademark dilution to prevent unfair competition, a commercial tort designed to promote fair and honest competition. To preclude […]

26Aug 2011

Copyright Infringement and The Vanishing Corporate Veil

Protecting oneself from personal liability is top on the list when a business owner forms a corporation or similar entity. Lawyers and courts refer to this protection as the “corporate veil”. Be careful, though, because your corporate veil is not armor clad. Larry Chasin, president of Ideal Diamond Solutions, Inc. (IDS), learned this the hard […]

28Jul 2011

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

July 28, 2011 Robert Yarbrough Licensing, Litigation, Patent

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 […]

Litigation

Supreme Court Dabbles in Patent Law, Again

Ask Dr. Copyright… Is Mayo Patentable

Have a Great Idea for BMW? Forget About It!

Google Street View Revisited…

Ask Dr. Copyright — A case of “standing”

Patentable Subject Matter – The Issue That Will Not Die

The ‘First Sale’ Doctrine and Why You Shouldn’t Rely on Google (or Your Friends) as Your Lawyer

Trademark Infringement Cases on the Rise

Copyright Infringement and The Vanishing Corporate Veil

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

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