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Widerman Malek Law Blog

Blurred Lines

In 2013, Robin Thicke, along with co-writers Pharrell Williams and T.I., released a song called “Blurred Lines”. It quickly became a smash hit and jumped to the top of the billboard charts. Thicke received three Grammy nominations, sold over 6.5 million tracks and has a full concert season scheduled.  While clubbers and party-goers were dancing […]

IP Security Policy: Pre-Hire

Topics related to intellectual property routinely are neglected in daily business planning and operations (which is surprising given that intellectual property is by far the main value driver in most businesses).  Take, for example, the hiring process.  Businesses put a lot of time and effort into identifying employment candidates, planning and conducting candidate interviews, and orienting hires […]

Google’s Heart Shaped Trademark

It is truly amazing how much our world has changed over the last thirty years. With cell phones and computers becoming mainstream, even more so than television and with the more recent creation of tablets, there really is little to no time that people find themselves unconnected. It looks like technology will be making another […]

Should I Seek A Foreign Patent: Invention Factors

As mentioned in an earlier blog, many businesses are unaware of the need and/or are unfamiliar with the procedures to extend patent rights outside the United States.  This article describes some factors characteristic of the invention itself that one may consider when making the important decision to file for patent protection in foreign countries. Invention Factors […]

The Effect Of Listing An Improper Inventor On A Patent Application

The Effect Of Listing An Improper Inventor On A Patent Application

An inventor is someone that has had some sort of input into a claim that is listed in a patent application. If an improper inventor is listed on a patent application, then the patent that may eventually issue may be invalidated. This is also the case when not all of the inventors are listed on the patent application.

Can An Ex-Spouse Interfere with Corporation’s Right to Sue for Infringement

Each state has its own unique set of marital property laws in place to govern divorce settlements.  A state will either follow separate property or community property laws.  In separate property states such as Florida, property acquired during the marriage by one spouse remains that spouse’s property upon divorce, whereas in community property states all […]

Intellectual Property and Pinterest

Pinterest, the latest thing in social networking sites, could potentially pose major legal problems for individuals or businesses using this service. With the tremendous growth Pinterest has seen since its inception in 2010 (as of February 2013 the site had over 48 million users), it is just a matter of time before some companies may […]

5 Ways Employers Can Claim Ownership of Their Former Employees’ IP Content

Entrepreneurs who are starting up their own businesses should be careful in protecting their IP inventions from former employees.  They should not take for granted that the IP work they create off company hours is theirs to keep.  Employers may be able to stake a claim in ownership.  Here are five ways employers can claim […]

How Do I Enforce My Patent? Part 2: Cease-and-Desist Letters

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 […]

Infringement Analysis: What To Expect

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 […]

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