Over 30 Years Of Representing Businesses And Their Owners
Download the PDF here As an inventor with well over 150 issued U.S. Patents and a Harvard Law degree, I have a unique perspective on the inventor/lawyer relationship. I understand the frustration that patent lawyers feel when the inventor doesn’t understand that patent lawyers aren’t magicians, patent law is in flux, and that fees should be paid even for a…
By Gary S. Shuster To download the article “Cuozzo V. Lee: IP Protection Gets More Complicated” click here The Supreme Court handed down a decision this morning in Cuozzo v. Lee. Two questions were before the court: (1) Is the decision to institute “inter-parties review” (“IPR”) appealable? (2) Is the Patent Office allowed to continue to use…
Download a PDF of the article, “A Primer on Electronic Discovery” here By Darryl J. Horowitt As the owner of a business that may be a party to a lawsuit, you need to know about the discovery of electronically stored information (ESI), also known as e-discovery. Why? Because the requirements to preserve and produce ESI are quickly evolving and have…
Wikileaks has released the intellectual property chapter of the current draft of the Trans-Pacific Partnership agreement. This agreement addresses how member nations deal with trademarks, copyrights, utility patents, plant patents, drug and medical patents and drug approval, and trade secrets. I’m sure in the coming days we’ll see a lot of analysis as to how these changes will impact IP…
Read the download “Court Invalidates Lease-Leaseback Arrangement” here. In order to streamline the bidding process and avoid problematic bidding rules in the Public Contracts Code, the California Legislature created an exception in the Education Code that allows school districts to get creative, and instead of requiring bidding on design bid projects, use a “lease-leaseback.” In doing so, the school district…
To download the PDF of “POOR MAN’S PATENT” AND “POOR MAN’S COPYRIGHT”: THE TOOTH FAIRIES OF THE IP WORLD, Click here There is a common misconception that an inventor or author can protect their intellectual property by mailing a copy of it to themselves. These are sometimes called a “Poor Man’s Patent” or “Poor Man’s Copyright”. I will address each…
To download this article, click here In the recent case of Multi Time Machine, Inc. v. Amazon.com, the 9th Circuit Court of Appeal reversed the District Court’s summary judgment in favor of online retailer Amazon.com (“Amazon”) in a trademark infringement action brought by Multi Time Machine, Inc. (“MTM”) under the Lanham Act. The Court held that a jury could…
Professor Eric Goldman posts a timely reminder that online service providers (which for this purpose includes a person or entity that operates a web site where any third party content might be incorporated) need to make sure they have a current designated agent form on file with the Copyright Office. Failure to do so puts at risk the immunity provided…
The Supreme Court has had quite a patent law run over the first half of the decade, with major patent cases in 2011 (Microsoft Corp. v. i4i Ltd. Partnership), 2012 (Mayo v. Prometheus; Bowman v. Monsanto), 2013 (Assn. for Molecular Pathology v. Myriad), 2014 (Alice Corp. v. CLS Bank International), and 2015 (Teva Pharmaceuticals v. Sandoz). As of now, it…
Click here to download the article Patent law has a steep learning curve. For patent lawyers, this means reading a lot of federal court decisions and attending seminars. For inventors, this learning curve can impede our ability to get patent protection. By creating an inventor’s glossary, we hope to make patents and interacting with patent lawyers a bit less complex…