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Standing on Copyright Lawsuits

The U.S. Supreme Court finally resolved the issue of whether a Copyright litigant needs to have a Copyright Registration issued to have standing. In its unanimous decision, the Supreme Court resolved the longstanding circuit split deciding that it is not sufficient for the copyright owner to merely file an application before bringing a lawsuit. Copyright owners must now have a Copyright Registration in hand before filing suit.

Independent Contractor Follow-Up: Codifying Dynamex in Assembly Bill 5

On September 11, 2019, California lawmakers passed Assembly Bill 5 (AB5), and thus took the penultimate step of entering the Dynamex decision into California's Labor Code. The bill now heads to Gov. Newsom for review and approval as law (as of Sep. 13, 2019).

How can I get my copyright registration quickly?

Special handling is available to copyright applicant’s who require their application to be processed in an expeditious manner.

Patent Law Reform

In our last article, we discussed the principles and incentives behind the patent system.

The Role of Patents in America’s Future

In the 2011 State of the Union Address, President Barack Obama stated that innovation was the key to our success in the past as well as the key to our future as a world leader.

Copyright Termination – Heirs Can Recapture Rights Previously Assigned

Under the 1976 Copyright Act, authors who license or assign their copyrights have the right to unilaterally terminate such agreements thirty-five years later.

Restriction Requirement compared to Election of Species

An Examiner may issue a restriction requirement and/or require an election of species.

Unclaimed Subject Matter

A patent specification includes a set of claims. The claims define the scope of protection that is sought.

What is a trademark specimen?

A trademark specimen is evidence submitted to the United States Patent and Trademark Office (USPTO) to show that the mark has been used in the manner set forth in the trademark application.

Your duty of disclosure

You have a duty to inform the U.S. Patent and Trademark Office of any information you are aware of that is material to the patentability of your invention.

To be or not to be an inventor?

The issue of inventorship is often raised during patent litigation. If the inventors are incorrectly stated, the patent being asserted is unenforceable.

How do I prepare drawings for my patent application?

As the inventor, we encourage you to submit images of your drawing to assist us in preparing the application.

So you have a great idea…

Are you thinking about patenting your invention? Whoever invents, discovers or improves a process, machine, manufacture or composition may be eligible for a patent.

How to make sure you own the copyright to creative works

When hiring an outside person to design a web page, logo, take photographs you plan to use in promoting and selling your product, or create any other type of creative work, it is imperative you address copyright ownership.

Claim amendments can affect the doctrine of equivalents

As a patent holder, you have the right to prevent sale, use, or manufacture of a discovery or invention if it employs substantially the same means to achieve substantially the same results in substantially the same way as the limitations recited in your claims.

Keep your enemies closer: Managing patent infringement risk

The majority of patent infringement suits come from your closest competitors.

Use it or lose it: Proper use of your domain name as a trademark

A domain name itself is not a trademark. To qualify as a trademark, your domain name must be used in a way that distinguishes and identifies the source of the goods and/or services.

Ignorance is not bliss: Failing to police your trademark can backfire

The best way to build up your company’s goodwill is by using your registered trademark. When others take advantage of your reputation by using your mark, your valuable brand identity is at risk.

Loose Lips Sink Ships: a Non-Disclosure Agreement Primer

If a party has access to your company’s confidential information, you should consider having them sign a Non-Disclosure Agreement (NDA).

Patent Validity: What you need to tell your patent lawyer

Obtaining a patent is a resource-intensive process. Your patent attorney can advise you on the best course of action to obtain protection of your IP.

Is your independent contractor working for you?

By default, works of authorship are owned by the author upon creation of the work.

Clearing your trademark: A Critical Investment

Once you have selected a good trademark, it is important to conduct a trademark search to ensure no one has prior trademark rights to the desired mark.

The first step to trademark protection: Naming it right

Selecting a good trademark is a critical step in starting up a new business or launching a new product.

Mirror Worlds LLC wins jury trial against Apple Inc.

On October 1st, 2010, a jury awarded Mirror Worlds LLC $625.5 million in a patent infringement lawsuit against Apple Inc. over three patents.

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