Do you have the next great idea for a product, app, or other item that you hope will make you millions? Before you are able to really move forward with this type of thing, you need to protect your idea so it isn’t stolen the second someone hears about it. In order to get legal protection of your idea, you will need to obtain a patent from the US Patent Office. With millions of ideas patented, and new ones being Read More
What is Litigation?
Litigation is the legal process through which the plaintiff and defendant (litigants) argue their side in court to achieve a specific outcome (monetary award, injunction to stop use of patented invention, avoidance of paying a settlement, etc.). Both businesses and individuals can file complaints with the court to start the process. In the end, the side that provides the best argument or demonstrates enough proof Read More
Understanding Patent Litigation
If you’ve been accused of 'stealing' a patented invention, you may face a myriad of legal obstacles that could result in the loss of time and money for your business due to fighting the charges brought against you. Patents allow businesses and individuals to legally protect their property from use by another business/individual in its entirety or in conjunction with other products. The use of a patented invention Read More
Apple Settles iPod Lawsuit
Apple recently settled a patent dispute with Burst.com for $10 million. Burst alleged that Apple infringed four patents for transmission of compressed audio and video files in iTunes, iLife, QuickTime and the iPod. A similar suit was settled with Microsoft for $60 million previously. The real story of this settlement is the relatively moderate amount of payment from Apple. Particularly given a previous Read More
Vonage Digging Out of Patent Hole
Vonage, whose very existence was threatened due to numerous patent infringement complaints by several major telecommunications companies, finally appears to be reaching the light at the end of the tunnel, agreeing to settle another lawsuit with AT&T. Vonage has become the poster child for a tenuous business model: total reliance on others’ networks to deliver its services. It was a business Read More
Patent Wars: Tech v. Drugs
An article on the increasing lobbying pressure for patent reform provides a nice explanation of the “different sides of the aisle” when it comes to patent reform. On one side are pharmaceutical firms that prefer substantial penalties and roadblocks for patent infringers. The other side typically consists of technology firms that want fewer patent protections and less damages when infringement occurs. The Read More
New Patent Reform Gaining Ground
The House recently passed legislation that would lead to new reforms in determining ownership of patents. The legislation is intended to reduce patent litigation, which often turns on the identity of the innovator. Lawmakers are attempting to change the method via which courts determine the owner of a patent. Presently, the "true owner" of a patent is determined by identifying the first to invent. Read More
Debating Patent Infringement Relief
As patent law begins to transform in the 21st century we see more and more discussions about appropriate patent policy. While there are many discussions about the merits of patent awards themselves, there is also a debate about appropriate relief for patent infringement. One discussion centers on injunctive relief for patent infringement. A popular theory, the Lemley-Shapiro theoretical model of Read More
Patent Reviews Now Public Domain
The United States Patent and Trademark Office has unveiled its new program that allows the general public to provide feedback on pending patent applications. The program allows users to comment, support or oppose certain patent applications. The patent applications currently at issue are those in computer technology, which has become a “hot” area of patent law with the rise of the open source software Read More
Supreme Court: Obvious Patents Under Siege
The Supreme Court recently handed down its opinion in KSR International v. Teleflex. The matter involved an adjustable pedal system for cars, which allows drivers to adjust the position of the gas and brake pedals themselves. KSR developed a model adjustable pedal and was selected by General Motors Corporation to supply the parts. Teleflex, who had previously registered a license for “a position-adjustable Read More