U.S. Patent Provisional Rights: Impacts of Recent Change
U.S. Patent Laws, amended by the passage of the American Inventors Protection Act of 1999 ('the Act'), now provide for publication of pending patent applications prior to issuance. 35 U.S.C. '122(b). Since the effective date of the amendment, Nov. 29, 2000, the U.S. Patent and Trademark Office ('USPTO') publishes domestic utility applications within 18 months of their earliest priority date. Prior to this amendment, patent applications were not made publicly available until a patent issued, thereby preserving the confidential information of a patentee until remedies for patent infringement were made available to the patentee.
Features
Multiple Joint Infringers of Process Claims: How Close Is Close Enough?
Typically, in an action concerning infringement of a process patent, the activities of an individual party are alleged to infringe one or more of the process patent claims. Under certain circumstances, however, the combined activities of two or more parties may constitute infringement of a process patent claim. Often, courts analyze these situations by determining if 'some connection' exists between the parties whose activities are being combined. This standard, in our view, ultimately defines more activities as infringing than is warranted. A more appropriate standard would be a 'working in concert' standard.
Lawsuit Could Clarify What Is Original in the Art World
It is a well-settled copyright axiom that only an original expression of an idea is protectable. In the world of fine art, however, the concept of 'original expression' is often too vague to be defined. Dale Chihuly, a world famous glass artist known for designs inspired by sea life, filed a lawsuit in October 2005 that may clarify the concept. He is fighting to protect his distinctive style of glass art in the U.S. District Court for the Western District of Washington. Chihuly has accused former employee Brian Rubino of producing glass sculptures that infringe Chihuly's copyright-protected glass works. The suit also asserts that another individual, Robert Kaindl, is selling Rubino's copycat sculptures at prices below market value, thus injuring the market value of true Chihuly sculptures.
Features
Everybody Wants to Direct: The Editing of Motion Pictures in Clean Flicks v. Soderbergh
On July 6, 2006, in <i>Clean Flicks of Colo., LLC v. Soderbergh</i>, 433 F. Supp. 2d 1236 (D. Colo. 2006), the court granted summary judgment to several film studios, holding that the practice of making and distributing edited versions of the studios' motion pictures by the defendants, collectively known as the 'Clean Flicks defendants,' amounted to copyright infringement.
IP News
Highlights of the latest intellectual property news from around the country.
Can a Workforce IP Training Program Limit Liability Under the Uniform Trade Secrets Act?
When a lower-level employee uses a former employer's trade secrets after taking a new job, the plaintiff often sues the new employer itself and demands exemplary damages under the Uniform Trade Secrets Act ('UTSA') — even if the new employer was unaware of, and disapproves of, the employee's conduct. Taking a page from the law of employment discrimination, we believe that companies that provide intellectual property training for their workforce can use the fact of such training during litigation to avoid exemplary damages for the solitary wrongdoing of non-executive-level employees and perhaps avoid vicarious liability altogether. Companies, especially technology startups, can reduce trade secret litigation and liability risks by implementing such programs — programs which today are very rare, even in Silicon Valley.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing ModelsDefining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.Read More ›
- Hyperlinked Documents: The Latest e-Discovery ChallengeAs courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.Read More ›
- Identifying Your Practice's DifferentiatorHow to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.Read More ›
- Risks and Ad Fraud Protection In Digital AdvertisingThe ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.Read More ›
- Turning Business Development Plans Into RealityThis article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.Read More ›