Posts Tagged ‘cease and desist’

toyotaThe most costly data breaches are usually those that are created by a malicious insider. These people normally have access to things external hackers generally don’t have access to, like intellectual property, which in turn allows them to get into areas only known to them and to have additional insight as to the areas most vulnerable to attacks.

Company insiders, not outside hackers, are involved in more than two-thirds of all cyber cases involving theft of intellectual property. Moreover, when there is intentional and malicious destruction of data, a corporate insider is frequently responsible. Whether driven by opportunism, greed, a desire for revenge, or a combination of all three, these insiders exploit their positions of trust to obtain access to their organization’s most valued digital assets. Moles, opportunists, contractors, disgruntled employees, and ex-IT personnel—all currently pose a greater risk to corporate intellectual property than state-sponsored hacking and APTs, both in frequency and in damage caused.

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  1. Determine if your work that has been copied is protected by copyright law. 

Copyright Blue GreyCopyright law protects the expression of almost every creative expression imaginable, as long as it’s fixed and original. It doesn’t protect ideas, facts and any utilitarian language.

Imagine that you spoke to someone about writing a book about an investigator who needs to go to therapy while undercover, and then that person writes a book about a firefighter who needs to go to therapy. At first glance, you might think that that person has stolen your idea, thus infringing on your copyright. That’s not accurate, though. Since when you spoke to this person about your idea, it wasn’t a fixed expression, it was still only an idea. Ideas aren’t protected by copyright law. 

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By: Dan Pierron

As mentioned in my previous post, one strategy in enforcing your patent is to send an entity that is potentially infringing your patent what is called a “Cease and Desist” letter.  The letter has a few core purposes.

First, it provides “actual notice,” which is notifying the allegedly infringing party that you believe they are currently or are about to infringe on your patent.  In patent law, if an entity is infringing your patent, in certain circumstances they may not be liable for the infringement before they are provided with actual notice.  More specifically, if you are not properly marking your product with your patent number, actual notice is required.  Therefore, two elements that should be included in your cease and desist letter are 1) the number of your patent and 2) identification of the products or processes you believe may be infringing.

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wahBy: Bill Harding

Imagine you are a patent holder, and you suspect a competitor may be infringing on your exclusive rights related to your invention.  You ask your patent attorney to help you stop the infringing behavior.  Your attorney (hopefully) responds by recommending an infringement analysis.  You may think, “Analysis?!?  What’s to think about?  I just want to stop this guy!”

Perhaps a few notes on some deliverables commonly included in an infringement analysis opinion letter or report might help you appreciate the importance of such an effort:

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By: Dan Pierron

Congratulations!  Your claims have been allowed, you’ve paid your issue fee, and you’ve received the seal and red ribbon! It’s been years in coming, and now you can kick back and relax, both your mind and your legal budget.  Right?  Maybe not.  Deciding how to utilize a single patent or an entire portfolio of intellectual assets can suggest vastly different steps to be taken by you, your company, and your legal counsel, not to mention potential infringers.  This post is the first in a series for newly minted patentees, giving them an overview of how they might choose to proceed with enforcement of their patent, identifying potential pitfalls, and describing alternative strategies to allow the patentee to make a more informed decision.

A first option is to use a patent portfolio in a defensive manner.  This is a strategy most commonly adopted by corporations offering multiple products, often that are very different in their makeup and function.  However, to many, this represents an underutilization of the value offered by patents.  Indeed, patents grant you a “negative” right – the right to prevent others from making, using, or importing the invention described by your patent.  So, if you’re going to enforce your patent, what is the best way to go about it?

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MONDAY, NOVEMBER 24, 2014