Investing in Inventing: A Patent Process Primer for Startups

26 08 2018

IP Watchdog

Trevor Day & Neil Ferraro
August 25, 2018

The patent process is long and complex, but well worth the effort if it means protecting your invention and your new company. Key decisions made along the way can help simplify future steps in the process and make obtaining a patent significantly more efficient. Early on, determining a patent scope through patentability searches can help narrow a patent application to the important novel aspects that are most worthwhile to protect. Similarly, preparing a thorough provisional application can make the non-provisional application preparation much simpler and afford better protection against later published works or filings by others. By thinking about these key decisions ahead of time and being aware of the patent process, you can be more prepared when the time comes to seek protection for your invention.

more

The content in this post was found at https://www.ipwatchdog.com/2018/08/25/investing-in-inventing-a-patent-process-primer-for-startups/id=100385/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

Powered by WPeMatico



Apple’s Declaratory Judgment Backfires, Turns Into $145.1M Damages Verdict Wi-LAN

17 08 2018

IP Watchdog

Steve Brachmann
August 14, 2018

On August 1st, a jury verdict entered in the Southern District of California awarded $145.1 million in reasonable royalty damages to Canadian IP licensing firm Wi-LAN in a patent infringement case against Cupertino, CA-based consumer device giant Apple Inc. The jury determined that Apple infringed upon claims of two patents owned by Wi-LAN.

more

The content in this post was found at https://www.ipwatchdog.com/2018/08/14/apples-declaratory-judgment-backfires145-1m-damages-verdict-wi-lan/id=100212/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

 

Powered by WPeMatico



Google’s servers housed by a third-party ISP qualify as a regular and established place of business to establish proper venue in the Eastern District of Texas

17 08 2018
Lex Blog
AUGUST 15, 2018
In our continued post-TC Heartland coverage, Judge Gilstrap in the Eastern District of Texas recently held that venue was proper because Google exercises exclusive control over physical servers implicated by the litigation, as well as the physical space within which the server is located and maintained. The court emphasized that the place where the server is located occupies a physical space, which is more than merely a virtual space or electronic communications from one person…

more

The content in this post was found at https://www.lexblog.com/2018/08/15/googles-servers-housed-by-a-third-party-isp-qualify-as-a-regular-and-established-place-of-business-to-establish-proper-venue-in-the-eastern-district-of-texas/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

Powered by WPeMatico



Supreme Court declines to hear “podcasting patent” case, handing win to EFF

13 08 2018

Ars Technica

5/15/2018, 

Podcasters, you can now engage in your lengthy Maron opens without the feeling of being legally targeted by a Texas company that many would consider to be a patent troll.

On Monday, the Supreme Court of the United States declined to hear the case of Personal Audio v. Electronic Frontier Foundation. In short, the case is all said and done.

As Ars reported in August 2017, the US Court of Appeals for the Federal Circuit affirmed the April 2015 inter partes review (IPR) ruling—a process that allows anyone to challenge a patent’s validity at the US Patent and Trademark Office.

more

The content in this post was found at https://arstechnica.com/tech-policy/2018/05/podcasting-patent-case-is-finally-totally-and-completely-dead-now/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

Powered by WPeMatico



Arista Pays Cisco $400M to end Patent Litigation at District Court and ITC

9 08 2018

IP WatchDog
Steve Brachmann
August 8, 2018

On Monday, August 6th, Santa Clara, CA-based computer networking Arista Networks filed a Form 8-K with the U.S. Securities and Exchange Commission (SEC) announcing the firm had entered into an agreement with San Jose, CA-based networking rival Cisco Systems that dismisses all pending litigation between the two firms in both U.S. district courts and at the U.S. International Trade Commission (ITC). Under the terms of the agreement, Arista will pay Cisco $400 million this month in return for Cisco dropping all patent infringement claims which it has filed against Arista. In addition to Cisco dropping its patent infringement claims, Arista also agreed to drop all antitrust claims which it has filed against its rival.

more

The content in this post was found at https://www.ipwatchdog.com/2018/08/08/arista-pays-cisco-400m-end-patent-litigation-district-court-itc/id=100102/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

Powered by WPeMatico



Google vs. the Luddites: A Patent Battle Neither Side Should Win

7 08 2018

IP Watchdog

Steve Brachmann
June 27, 2018

[ed’s note: just because arguments about software patents v. open source can be incredibly detailed and convoluted, doesn’t mean that we should or shouldn’t allow software patents. HOWEVER . . . criteria for deciding what’s best IS muddy and neither the courts nor the USPTO have much helped. One is almost tempted to say: “maybe this is an area where market forces should prevail since the government is never going to get it right.” On the other hand, our experience with THAT, in the tech sector, is an open invitation for monopoly rather than innovation. Sigh.]

 

The idea that all software is obvious is a theoretical argument that doesn’t just border on the scattological, it wades right into the sewer. Consider artificial intelligence. If AI, which requires the use of software algorithms, is supposed to augment human intelligence and provide us with answers to questions we can’t figure out without the use of AI, how is that at all obvious? What about IBM’s Watson cognitive computing platform? … When the highest court in the land incorporates such backward-minded patterns of thought which allows them to say that “At its most basic, a computer is just a calculator capable of performing mental steps faster than a human could,” the U.S. patent system must be a relative paradise to Duda and other anti-patent Luddites who believe that software inventions cannot and should not be patentable at all.

more

The content in this post was found at https://www.ipwatchdog.com/2018/06/27/google-luddites-patent-battle/id=98454/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

Powered by WPeMatico



Samsung and Apple have had enough of the court battles, finally settle

7 08 2018

ars technica

6/27/2018

In a protracted legal battle with Samsung that Apple co-founder Steve Jobs himself once dubbed a “thermonuclear war,” the two mobile phone makers have now decided to finally settle a seven-year-old patent dispute that unfolded in courtrooms around the globe.

The Wednesday settlement comes weeks after the two sides went head-to-head in their fourth trial in a federal courtroom in San Jose, California, they have decided to end things once and for all.

The May 2018 trial dealt specifically with design patents, which cover the look of the iPhone’s outer shell, software icons, among other features.

more

The content in this post was found at https://arstechnica.com/tech-policy/2018/06/apple-and-samsung-settle-case-finally-end-7-year-patent-dispute/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

Powered by WPeMatico



IBM Wins $82.5 Million Award Against Groupon in Jury Verdict

6 08 2018

IP Watchdog

Steve Brachmann
August 2, 2018

On July 27th, a jury verdict entered into the District of Delaware awarded $82.5 million in reasonable royalties to information technology giant IBM after that company asserted a series of patents against e-commerce marketplace provider Groupon. The jury determined that Groupon infringed on a series of four patents asserted by IBM.

more

The content in this post was found at https://www.ipwatchdog.com/2018/08/02/ibm-wins-82-5-million-reasonable-royalty-award-against-groupon/id=99796/  Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

Powered by WPeMatico



Federal Circuit Limits Patent Infringement Damages

2 08 2018

The IP law blog

By Audrey A Millemann on August 1st, 2018

The Federal Circuit Court of Appeals has taken aim at sky-high patent infringement damages. In Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., 2018 U.S. App. LEXIS 18177 (July 3, 2018), the court limited the use of the rule that allowed patent owners to recover damages based on the total sales of the infringing product, even if the patent covered only a part of the product.

more

The content in this post was found at https://www.theiplawblog.com/2018/08/articles/patent-law/federal-circuit-limits-patent-infringement-damages Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Powered by WPeMatico



GoDaddy & Instagram Avoid Liability for Users’ Photos of Knockoff Goods–Franklin v. X Gear 101

26 07 2018

Technology & Marketing Law Blog

July 25, 2018

[ed notes: copyright, trademark, patent, all three]

The plaintiff owns copyright and trademark registrations in a bear logo. He claims a defendant created a similar-looking bear logo and marketed goods using that logo:

I’ll focus on the court’s treatment of plaintiffs’ claims against GoDaddy and Instagram. The court summarizes:

The Complaint’s only allegations that explicitly reference Instagram and GoDaddy are that GoDaddy provides web hosting services to X Gear and Tydlacka, and that Instagram provides an application on which X Gear and Tydlacka publish images of the infringing logo. We thus construe the Complaint to allege that Instagram and GoDaddy are contributorily liable for trademark and copyright infringement because they induced X Gear and Tydlacka’s actions.

The magistrate recommends dismissing both parties from the lawsuit:

Case citation: Franklin v. X Gear 101, 2018 WL 3528731 (S.D.N.Y. July 23, 2018).

more

The content in this post was found at https://blog.ericgoldman.org/archives/2018/07/godaddy-instagram-avoid-liability-for-users-photos-of-knockoff-goods-franklin-v-x-gear-101.htm  Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

Powered by WPeMatico