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Category Archives: Patent
Negotiating Intellectual Property FAR & DFARS Clauses in Government Contracts
Posted in Commercial, Contracts, copyright, Intellectual Property, Patent, Trademark
Tagged Contract, Defense, Defense Federal Acquisition Regulations Supplement, DFARS, FAR, Federal Acquisition Regulations, Government, intellectual property, IP, Military, Negotiations, Prime Contractors, Regulation, Subcontractors
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The Scope of Foreground & Background IP Transfers and Licenses
Today I’d like to go a little bit deeper with you on the topic of Background and Foreground Intellectual Property, and pay particular attention to the scope of licenses after the contract ends. Definitions. When two parties enter a contract … Continue reading
Posted in Commercial, Contracts, copyright, Intellectual Property, Patent, Proprietary, Trade Secret, Trademark
Tagged background, business, commercial, Contracts, Copyrights, Data Protection Act 1998, foreground, HIPAA, intellectual property, intellectual property rights, negotiation, Patents, privacy, Privacy Act 1998, trademarks
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The CFAA: A Law Against Hackers, or Employees who Misuse Proprietary Information
There is a split in the US Appellate Courts about the application of the Computer Fraud and Abuse Act (CFAA). 18 USC §1030. The CFAA creates civil and criminal penalties for accessing a computer “without authorization,” or “exceeding authorized access.” … Continue reading
Posted in Civil Procedure, Confidential, Contracts, copyright, Courts, Damages, Intellectual Property, Litigation, Patent, Proprietary, Prosecution, Supreme Court, Trade Secret
Tagged 18 USC 1030, appeal, bradley manning, CFAA, circuit split, Confidential, confidentiality agreement, Contract, employee, employer, information, misuse, nda, nosal, Proprietary, supreme court, WEC Carolina Energy
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Are IP Escrow Agreements Enforceable?
Customers often negotiate for IP Escrow Agreements from their Suppliers. This is how an IP Escrow Agreement works: The Customer wants to have a reliable source for products. Therefore, the Customer asks its Supplier to put all of the IP … Continue reading
Posted in Commercial, Contracts, copyright, Courts, Intellectual Property, IP Escrow, Patent, Trade Secret, Trademark
Tagged 11 USC 365(a), 11 USC 365(n), bankruptcy, Contract, copyright, Escrow, IP, patent, terms, Trade Secret, trademark
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Enforceability of a US ITC Exclusion Order
On December 19, 2011, the mobile telephone maker, HTC, lost an action to Apple in the International Trade Commission (“ITC”). ITC Investigation No. 337-TA-710. Apple’s original Complaint was substantially pared down by the ITC so that in the end it … Continue reading
Posted in Civil Procedure, Intellectual Property, Litigation, Patent, USPTO
Tagged 337, apple, customs, esclusion order, htc, Infringement, international trade commission, itc, patent, procedure
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Comparing Patent Litigation in the US, UK and Europe
The following table illustrates some differences in patent litigation between the US, the UK and the EU. US UK EU Court Federal Court England & Wales have special Patent Courts at the County and High Court level European Commission and/or … Continue reading
Posted in Civil Procedure, Courts, Damages, Intellectual Property, Litigation, Patent
Tagged compare, contrast, courts, Damages, differences, EU, Europe, litigation, patent, procedure, table, UK, US
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Responding to a Lawsuit
This article focuses on what to do if you have been sued and dispute the claim and/or the amount claimed to be owed. Please note that you should contact an attorney/solicitor if you have been sued. There are numerous intracacies … Continue reading
Posted in Civil Procedure, Commercial, copyright, Intellectual Property, Litigation, Patent, Trade Secret, Trademark
Tagged affirmative defense, answer, code civil procedure, complaint, counterclaim, cpr, cross-complaint, defence, demurrer, fed.r.civ.p., federal rules civil procedure, motion to dismiss, particulars, quash, request for further information, response, rule 12, rule 16, strike
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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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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