The ‘claims’ of a patent dictate the rights of the patent owner and define the property created by the patent. Where the invention is something physical, such as a machine or a drug, it is relatively easy to show infringement – the patent owner must show that the infringer made, used, or sold the machine […]
Tag Archives: litigation
Beware of the On-Sale Bar
August 30, 2013
Patent
If you are a regular reader of this newsletter, then you know that a sale or offer for sale of your invention will terminate your patent rights unless you first file a patent application. Did you know that the on-sale bar also applies to commercial sales of the invention to you, as from a contract […]
The Fable of the Supreme Court and the Beanstalk
May 30, 2013
Patent
Once upon a time, a farmer purchased a magic bean. The farmer planted his magic bean, as farmers do. The magic bean grew into a magic beanstalk and made more magic beans. The farmer harvested the magic beans, as farmers do, and saved the new magic beans for the next year. For eight years, the […]
To Be, or Not To Be..
May 30, 2013
Patent
Pardon the quote of the Bard, but there is one area of patent law that, indeed, ponders “that is the question.” Bear with us for a moment while we try to set the stage. To qualify for a patent, the patent law statute passed by Congress states that an invention must meet three criteria: it […]
Consider this scenario: you have gone to all the time and expense to obtain a patent from the U.S. Patent and Trademark Office. You have launched your product and your sales are good. Now a pirate is copying your product and stealing your sales. Are you entitled to a court order stopping infringement of your […]
Who Pays For Patent Litigation?
October 31, 2012
Patent
Your company is threatened with a lawsuit for patent infringement. You are confident that your product does not infringe. Should you fight or should you surrender? These are very real questions that businesses face every day. According to a 2009 survey by the American Intellectual Property Law Association, the average cost for infringement litigation through […]
Viacom v. YouTube: The Saga Continues
May 26, 2011
Copyright
YouTube is no stranger to copyright infringement issues. In 2008, Viacom filed a $1 billion copyright infringement suit against YouTube, claiming that the video site contributed to an explosion of copyright infringement by permitting users to post infringing videos. The federal district court eventually dismissed Viacom’s action against YouTube on grounds that the Digital Millennium […]
Under the law in Pennsylvania, unlike many other states, the attorney-client privilege used to be limited to only those things that the client communicated to the attorney. Thus, while a client might describe his invention to the attorney, creating a privileged communication, the things that the attorney conveyed, such as the results of a patent […]
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