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Prosecution history of prior art helps save a patent from anticipation. INTEX v. TEAM WORLDWIDE

05 Jul, 2021 / emc_uspatentlaw 0 Comment

After a patent has issued it can still be invalidated. One of the ways a patent can be invalidated is through Inter partes review. IPR is a proceeding conducted at the Patent Trial and Appeal

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DANK found to be merely descriptive, brewery denied trademark registration. IN RE SWEETWATER

02 Jul, 2021 / emc_uspatentlaw 0 Comment

A trademark is a something that a manufacturer uses to signal to consumers that the manufacturer is the source of a product.  A trademark is traditionally a symbol, word or phrase, but a trademark can

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Is a shared bug in two different apps evidence of copyright infringement? DIRE STUDIOS v. APPLE

30 Jun, 2021 / emc_uspatentlaw 0 Comment

Copyright is a set of exclusive rights granted to the author of a new work.  In the United States the law protects software as if it was a literary work.  A programmer that creates a

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Expert testimony on obviousness does not incorporate the argument by reference. 3M v. EVERGREEN

28 Jun, 2021 / emc_uspatentlaw 0 Comment

After a patent is granted it is not immune from attack. Inter partes review is a trial proceeding conducted at the Patent Trial and Appeal Board to review the patentability of one or more claims

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Beverage makers battle over WAVE as a trademark. OCEAN SPRAY v. WEDGE WATER

25 Jun, 2021 / emc_uspatentlaw 0 Comment

A trademark is something that a seller uses to brand goods to tell consumers that the trademark owner is the seller of the products.  Traditionally a trademark is though of as a word, short phrase

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Texas Supreme court rules that copyright infringement by the state is not a taking. OLIVE v. UNIVERSITY OF HOUSTON

23 Jun, 2021 / emc_uspatentlaw 0 Comment

United States copyright law grants the creator of a new work the exclusive right to reproduce, distribute, perform, display, transmit and prepare derivative works based on the copyrighted work.  A creator is granted a copyright

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Patent application for travel planning device rejected as ineligible subject matter. IN RE: BONGIORNO

21 Jun, 2021 / emc_uspatentlaw 0 Comment

An inventor must meet many requirements to get a patent on an invention.  The patent application must demonstrate several different things, including novelty, non-obviousness, written description, and enablement.  But a fundamental requirement is the invention must

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Caffeinated beverage companies battle over RISE trademark. RISE BREWING v. PEPSICO

18 Jun, 2021 / emc_uspatentlaw 0 Comment

A trademark can be registered with the United States Patent and Trademark Office to strengthen the rights associated with a trademark, however registration is not required to begin using a trademark to brand products. Obtaining

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Data breach at video game developer exposes possible copyright infringement. JURACEK v. CAPCOM

16 Jun, 2021 / emc_uspatentlaw 0 Comment

Copyright is a legal protection given to creators of works.  Creators may be painters, sculptors, photographers, musicians, authors or a member of one of the many other creative occupations. Copyright allows creators to prevent other

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Indefinite “means for” patent claim survives summary judgement because Defendant offered no expert testimony. SPEX v. WESTERN DIGITAL

13 Jun, 2021 / emc_uspatentlaw 0 Comment

A patent is a set of exclusive rights granted to an inventor for an invention.  The public policy for granting patents is to encourage the sharing of knowledge.  Inventors that are granted a patent are

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Recent Posts

  • Prosecution history of prior art helps save a patent from anticipation. INTEX v. TEAM WORLDWIDE
  • DANK found to be merely descriptive, brewery denied trademark registration. IN RE SWEETWATER
  • Is a shared bug in two different apps evidence of copyright infringement? DIRE STUDIOS v. APPLE
  • Expert testimony on obviousness does not incorporate the argument by reference. 3M v. EVERGREEN
  • Beverage makers battle over WAVE as a trademark. OCEAN SPRAY v. WEDGE WATER

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Disclaimer

This article is designed to provide information regarding the subject matter contained herein.  The author does not warrant the accuracy, reliability or currentness of the information contained in this, or any prior version, of this publication.  This publication is not a solicitation of legal advice nor should it be construed by the user in any manner as providing legal, accounting or other professional advice or service.  This publication is not a substitute for the advice of an attorney or other professional.  If you require legal or other expert advice, you should seek the service of a competent attorney and/or other professional.