Blog

In California, a judge may grant a preliminary injunction. Learn what you need to obtain a preliminary injunction.

Patent Application Practice provides the most thorough and effective treatment of patent application preparation and prosecution. This single-volume desk reference was written for patent attorneys who are preparing and prosecuting patents before the PTO.

One should understand the basics of how to determine whether an item infringes a design patent.

Ransomware is a type of malware (bad software) that encrypts a victim's files, rendering them inaccessible until a ransom is paid. Ransomware attacks have become increasingly common and sophisticated, causing significant financial losses to businesses, government agencies, and individuals alike. Ransomware attacks can be devastating for businesses and individuals alike. However, by taking steps to protect yourself and by seeking legal counsel if you are affected, you can minimize the damage.

An intellectual property holding company, established by a parent company, owns intellectual property used by the parent company. The intellectual property holding company licenses the rights to operating companies. The holding company thus receives royalties from its licensee(s). This arrangement may be beneficial to mitigate risk to the parent company and seek preferential situations for taxes imposed on royalty income.

When two parties enter into a contract, they are essentially agreeing to a set of terms and conditions. However, what happens if there is a disagreement about the meaning of one or more of those terms? This is where contract interpretation comes in.

By following these tips, you can increase your chances of getting a patent for your invention and protecting your intellectual property.

What does ® mean? It has something to do with trademarks.

The legal implications of using emojis in contracts. If you use emojis in a contract, make sure to be clear about what the emojis mean and make sure that the other party understands the emojis also. Emojis come with potential legal risks in contracts, such as ambiguity and enforceability. Maybe emojis can be a fun and an efficient way to communicate, please use them with caution in legal documents.

A plant patent is a type of intellectual property protection that is granted to the inventor of a new and distinct variety of plant, governed by 35 U.S.C. § 161. To obtain a plant patent, you apply with the USPTO. The application includes a plant description and drawings of the plant. You also pay a filing fee. The USPTO will review your application and determine if it meets all of the requirements for plant patent protection. If your application is approved, you will be issued a plant patent.

Summary judgment is a pre-trial motion, usually a post-discovery motion in which the moving party seeks a judge's ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, and therefore no reason for a trial. It is governed by the Federal Rule of Civil Procedure 56 and similar state laws. Summary judgment is sometimes called a “powerful weapon for defendants.” Although plaintiffs may also bring these motions, this is much more difficult, and defendants bring the majority of motions for a summary judgment.

The Borello test and the ABC test are used to classify employees and independent contractors. Hiring entities should be aware of the legal implications of misclassifying workers and seek legal advice to ensure compliance with state and federal laws.

Consult these tips for contract negotiation.

Showing a lack of enablement can be a complex and challenging task. However, if you can successfully invalidate a patent, you may be able to avoid infringement liability. If you are accused of infringing a patent, speaking with an experienced patent attorney is important to discuss your options.

The Doctrine of Equivalents allows infringement to be found in some cases where the elements of the accused device are substantially equivalent to the corresponding elements of the asserted claim. K-2 Corp. v. Salomon S.A., 191 F.3d 1356, 1366, 52 USPQ2d 1001 (Fed. Cir. 1999). The Doctrine of Equivalents prevents an accused infringer from avoiding infringement by changing only minor or insubstantial details of a claimed invention while retaining the essential functionality of each of those details. Thus, a device that does not literally infringe a claim may nonetheless infringe under the Doctrine of Equivalents if every limitation in the claim is literally or equivalently present in the accused device or method. Warner-Jenkinson Co. v. Hilton Davis Chem. Co., 41 USPQ2d 1865, 1876 (1997). This “all elements” rule of the Doctrine of Equivalents requires that an alleged infringing device have an identical or equivalent element for each limitation contained in the claim of the alleged infringed patent. Loral Fairchild Corp. v. Sony Corp., 50 USPQ2d 1865, 181 F.3d 1313, 1327.

From contracts to intellectual property, there are a lot of areas of law that can impact your business These are just a few of the most important legal principles that every business owner should know. By understanding these principles, you can help to protect your business and avoid legal problems.

Invalidating a U.S. patent can be a complex and challenging process, and it typically requires a legal proceeding before the U.S. Patent and Trademark Office (USPTO) or a court. It is important to note that invalidating a patent is a complex and technical process. It is important to consult with an attorney if you are considering invalidating a patent.

Patent searching can be a complex process, but it is an essential part of the patent process. By following these steps, you can increase your chances of finding the information that you need.

Presiding Judge Eric C. Taylor today announced changes the Los Angeles Superior Court will make over the next 60 days to open more courtrooms to manage caseloads, help settle more cases, and offer more trial capacity.

Much information can be deduced by searching for published patent applications and issued patents citing your own published patent applications and issued patents, domestically and internationally. I list here the type of information that you may find by searching for such "forward citations" of your patents.