By: K. Olinga Mitchell Yes. It is certainly possible to obtain patent protection for applications written for mobile devices. Patent protection extends to software in the United States of America. Whether or not you should attempt to acquire patent protection is a business decision. A patent will protect your idea from potential competitors however this […]
In the United States, it is not registration, but actual use of a designation as a mark that creates rights and priority over others. Thus, the rule is that ownership of a mark goes to the first-to-use, not the first-to-file. That being said, trademark ownership is not acquired by federal or state registration, although registration […]
Judges preceding over patent infringement cases, have a very difficult job to do. They must define the scope of the patent protection over an invention and determine whether a company or individual violated that patent. This is easier said than done. Patent language is not cut and dry. The language leaves much room for interpretation. […]
HOA Laws and Rights Do Homeowner Associations have the right to fine owners who do not comply with their rules? In Virginia, this very question was put before a judge to decide. A dispute arising between Maria and Sam Farran and their HOA at the Olde Bellhaven in Fairfax, VA over a political sign stirred […]
By: Mark R. Malek You may recall that my last article was directed to the requirement to pay maintenance fees in order to keep your patent alive. As was discussed in that article, maintenance fees must be paid at 3.5 years, 7.5 years and 11.5 years after the patent has issued. When someone has not paid […]
By: Tyler Hampy Rule 9(b) of the Federal Rules of Civil Procedure specifies that: “In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.” The court in Exergen Corp. v. Wal-Mart Stores, Inc., […]
By: Tyler Hampy Pursuant to the well-established principles of equity, a patentee seeking an injunction against an infringer must satisfy a four-factor test before a court may grant such relief. The patentee must demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate […]
When does fighting to protect a trademark borderline on trademark bullying? Trademarks are established to protect an individual’s, a corporation’s, or non-profit organization’s creative work. What happens when the trademark owner takes protecting their trademark too far as to be deemed as domineering? The best examples of crossing the line can be witnessed with non-profit […]
By: Tyler Hampy Prior to the implementation of the Leahy-Smith America Invents Act (AIA), Federal Rule of Civil Procedure 20 governed permissive joinder of defendants in patent infringement suits. However, prior to the AIA, district courts were split on how they interpreted Rule 20 in patent infringement litigation. A few district courts interpreted Rule 20 […]
