Circumstantial evidence seals induced patent infringement liability It may seem apparent to patentees when someone is inducing third parties to infringe their patents, but it’s not always easy to prove in a court of law. The U.S. Court of Appeals for the Federal Circuit, which hears all patent-related appeals, recently provided a welcome reminder that sometimes circumstantial evidence can go a long way. The court also weighed in on the proper calculation of lump-sum reasonable royalty damages.
Family businesses often like to use their surname as a mark for their products and services, whether as a point of pride or simply because they feel the name is memorable. These businesses can run into obstacles, though, when it comes time to register trademarks with the surname. A prolonged court battle over one such mark shows how problems can arise — and how businesses can overcome them.
If a graphical user interface is important to your business’ overall brand, you should take another look at design patents. According to recent statistics from the World Intellectual Property Organization the graphical user interface (GUI) and user experience (UX) space are among the fastest growing areas of design applications filed at the USPTO. Why are design patents so popular for protecting GUI elements of products?
When most people think about design patents, they think of consumer products, such as furniture, footwear, toys, car designs, and packaging. However, today, industries such as medical technology, electronics and software are utilizing design patents to add additional layers of IP protection to their products. In fact, designs in the graphical user interface and user experience space are the fastest growing area of design applications filed at the US Patent & Trademark Office.
Patterson Thuente IP is pleased to present the June/July issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.
E-commerce has allowed foreign corporations to reach new customers far beyond their borders. Sales to U.S. customers, though, might open up a foreign company to litigation in the United States. The U.S. Court of Appeals for the First Circuit has shed light on how a foreign defendant can land in federal court for alleged trademark infringement.
Some patents specify ranges to account for variability — for example, a range of temperatures in which a process occurs. These types of patents can run into obviousness issues that can invalidate them if the range overlaps with ranges detailed in so-called “prior art.” Patentees in such cases aren’t totally out of luck, though, as they have the opportunity to rebut the presumption of obviousness.
Erroneous jury instructions trip up copyright verdict The 2016 ruling by a trial court in a copyright infringement case over Led Zeppelin’s classic rock anthem “Stairway to Heaven” garnered a lot of attention. The U.S. Court of Appeals for the Ninth Circuit has now sent the case back to the trial court (which ruled in the band’s favor), shedding some valuable light on how to prove copyright infringement of music in the process.
It’s easy to get excited when you come up with a new invention. But the U.S. Patent and Trademark Office won’t consider an invention novel enough to qualify for a patent if a publicly available printed publication “anticipated” it. With a recent ruling, the U.S. Court of Appeals for the Federal Circuit (which hears all appeals concerning patents), provided some guidance on how it determines whether a publication was publicly available on the relevant date.
Choosing the wrong name can be expensive. Gain essential knowledge on trademarks and the naming process. Introducing The Guide for Pursuing Legally Defensible & High-Value Trademarks – a collaborate effort with the branding experts Olive & Company.