I'm developing a phobia of patents. Like germs, they're everywhere and often impossible to identify. Take the Apple Store for instance. The products carry a microbial layer of patent security, and unless you're a patent attorney or an inventor... Read More
The narrow rule relating to the addition of dependent claims as a hedge against possible patent invalidity is a reasonable and long-standing interpretation of the reissue statute, according to last week's Federal Circuit decision. Yasuhito Tanaka... Read More
In a scene from the movie, Good Will Hunting , about the fictional genius Will Hunting (Matt Damon), Clark, a Harvard student, approaches Will's friend Chuckie (Ben Affleck) in a bar and challenges Chuckie to an intellectual duel of sorts. Because... Read More
As reported by Mashable , Google recently acquired 217 patents from IBM. The patent acquisition might look developmental, but just as likely, it's a defensive move intended to build up its patent warheads in defense of trolls or other IP giants (e... Read More
The Supreme Court yesterday refused to review a patent case that resulted in a $185 million jury verdict for catheter maker, C.R. Bard Inc . W.L. Gore & Assocs. v. C.R. Bard , 2013 U.S. LEXIS 626 (U.S. 2013) [ enhanced version available to lexis... Read More
Hotels, coffee shops, restaurants, supermarkets, and other commercial users of wireless internet - it might be time to take cover. A federal judge recently rejected several legal claims filed by Cisco, Motorola and Netgear, paving the way for the continued... Read More
As reported by Mashable , Google recently acquired 217 patents from IBM. The patent acquisition might look developmental, but just as likely, it's a defensive move intended to build up its patent warheads in defense of trolls or other IP giants... Read More
Next time you're in the supermarket checkout line, find the candy display and buy your child a Ring Pop. You'll be giving yourself an opportunity to explain the concept of false patent marking. Think how excited your five-year-old will be to... Read More
Pop Quiz: Which is a correct statement? You're infringing a patent if: A. The Scotts Company applies its patented fertilizer to your neighbor's begonias and the fertilizer drifts onto your tulips; B. Sherman Williams applies its patented... Read More
If all the lemmings jumped off a cliff, would you follow? Some might, but not the NBA. Helferich Patent Licensing, LLC (HPL) has acquired licenses from some very powerful companies, including but not limited to: Anheuser Busch; Amazon;... Read More
[ Originally posted 07/27/2011 ] In eBay Inc. v. MercExchange , L.L.C., 547 U.S. 388, 396 (U.S. 2006) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], Justice Kennedy, in his concurrence... Read More
In 1729, Jonathan Swift wrote A Modest Proposal , in which he suggested that the impoverished Irish would benefit from selling their children as food to the rich. As Swift wrote: I have been assured by a very knowing American of my acquaintance in... Read More
Rembrandt Social Media has sued Facebook and bookmarking service, AddThis, accusing them of infringing patents related to the early creation of a web-based personal diary page. The first patent, filed in 1998 and issued in 2002, claimed a novel... Read More
Use of Golf Course Landmarks Challenged in Court Tiger Woods struggled at the PGA Championship. At this time, it looks like he'll miss the cut, which is a rough day in golf terms. But maybe his misfortune is more understandable in IP terms. Maybe... Read More
[ Originally published 05/24/2011 ] What if our trademark system mirrored the ratings system of the Motion Picture Association of America ? Imagine an offensive logo followed by the trademark symbol, TM , and a ratings symbol - maybe NC-17 - to... Read More