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Recent Posts
- New Patent Reexamination Statistics 2013
- Negotiating Intellectual Property FAR & DFARS Clauses in Government Contracts
- The Scope of Foreground & Background IP Transfers and Licenses
- The CFAA: A Law Against Hackers, or Employees who Misuse Proprietary Information
- Are IP Escrow Agreements Enforceable?
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Author Archives: Jason
How to Start a Lawsuit – The Complaint & Claim Form
So someone has wronged you. Maybe they have infringed your intellectual property, breached a licensing agreement with you, or stolen your tradesecret. You have written them, and maybe even threatened them with legal action, but they refuse to make things … Continue reading
Posted in Civil Procedure, Commercial, copyright, Courts, Damages, Intellectual Property, Litigation, Patent, Trade Secret, Trademark
Tagged cause of action, claim, claim form, complaint, elements, initiate, jurisdiction, litigation, particulars of claim, personal, start, subject matter
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Copyright – Fair Use
Posted in copyright, Fair Use, Intellectual Property
Tagged copyright, fair use, intellectual property, transformative
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New Patent Law – America Invents Act
On September 8, 2011, the US Senate voted 89-9 in favor of the America Invents Act, thus sending it to the President. President Obama has indicated that he will follow Congress’s lead and sign the legislation into law. The legislation … Continue reading
Patent Damages Update
This is to follow-up my earlier post and video about the general concepts of patent damages. In that post, the point was made that under the “Entire Market Value Rule” (EMVR) in order to get the broader royalty base of … Continue reading
Patentability: Novelty & Obviousness
Have you ever thought to yourself, “I could have invented that.” Everybody does, but then the next time they think of something neat, they don’t act on it because they don’t think they can get a patent for it. So … Continue reading
Posted in Intellectual Property, Novelty, Obvious, Patent, Patentability
Tagged i4i, intellectual property, novelty, obvious, patent, patentability, patentable
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Background & Foreground Intellectual Property
Posted in Commercial, Contracts, copyright, Intellectual Property, Patent, Trademark
Tagged background, commercial, Contracts, copyright, foreground, intellectual property, IP, patent, trademark
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Background and Foreground Intellectual Property
Next week I’ll be shooting a short video on Background and Foreground Intellectual Property concepts as they arise in contracts for commercial transactions. For those who prefer to read instead of watch, this is the content of the video. In … Continue reading
USPTO Reads Intellectual Property Solicitor
Based on some information just received, it looks like the men and women at the USPTO are the biggest readers of this fledgling blog. I understand you have a lot on your plate these days, so when you have a … Continue reading
Posted in Intellectual Property, Litigation, Patent, Reexamination, Trademark
Tagged litigation, patent, prosecution, reexamination, trademark, uspto
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Patent Reexamination Statistics
The USPTO recently released statistics on ex parte patent reexaminations going back to 1982. You can view the current stats at the most recent post, above, on this issue entitled New Reexamination Statistics by the USPTO __ [with the most … Continue reading
Posted in Intellectual Property, Litigation, Patent, Reexamination
Tagged Damages, intellectual property, litigation, patent, reexamination, statistics, uspto
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“Clear & Convincing” 8-0 US Supreme Court Ruling in i4i v. Microsoft*
On June 9, 2011 the US Supreme Court ruled 8-0 in favor of i4i in the i4i v. Microsoft case. US Supreme Court Case No. 10-290. At issue was the “clear and convincing” burden of proof for patent invalidity. The … Continue reading
Posted in Courts, Intellectual Property, Litigation, Patent
Tagged burden of proof, clear and convincing, i4i, inducment, Infringement, invalidity, microsoft, patent, supreme court, U.S., validity
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