emc_uspatentlaw
Do state courts have jurisdiction over patent licensing disputes? MEDTRONIC v. SASSO
A patent grants its owner the exclusive right to make, use, sell and import an invention in the United States. If someone other than the patent owner attempts to exercise one of these exclusive rights,
Do you have to prove consumer confusion in a trademark counterfeiting case? ARCONA v. FARMACY
Trademark law is intended to protect consumers from being tricked into buying products from someone other than the trademark owner. A trademark is something that a seller uses to brand its products. Traditionally a trademark
Can actors use their scenes in a casting reel without being liable for copyright infringement? BAIN v. INDEPENDENT
A creator of a new work of expression is granted a copyright to that work when it is fixed in a tangible medium. This means that when a photographer takes a picture, the photographer is
Heart valve patent survives inter partes review. ST. JUDE v. SNYDERS HEART
A patent is a set of exclusive rights granted to the inventor of a new, useful and not obvious invention. To be granted a patent in the United States an inventor must submit a patent
Dyson sues copycats for trademark counterfeiting. DYSON TECHNOLOGY v. VARIOUS DEFENDANTS
A trademark is a word, phrase, symbol, or design that identifies and distinguishes the products produced by one company from the products produced by other companies. Trademark law in the United States is focused on
Copyright infringement suit over tattoos on professional wrestler in video game. ALEXANDER vs. TAKE-TWO
A copyright is a set of exclusive rights granted to the creator of a new work of expression. When a creator fixes a work in a tangible medium they are automatically granted a copyright to
Lawn mower found to infringe on patent. EXMARK MFG. v. BRIGGS & STRATTON
A patent is a set of exclusive rights granted to the inventor of an invention that meets certain criteria. A patent grants its owner the exclusive right to make, use, sell and import the invention claimed
NOBODY BEATS THE WIZ trademark still alive and kicking. JON BARGAINS v. P.C. RICHARD
A trademark is something that a product seller uses to identify the products it sells. A word, phrase or symbol is what most people commonly think of as a trademark, but anything that a product
Supreme Court declines to hear Stairway to Heaven copyright infringement appeal. SKIDMORE v. LED ZEPPELIN
To win a claim of copyright infringement a plaintiff must show they own a valid copyright, and that a defendant actually copied the work. Direct copying is proven by showing that an exact reproduction of
Patent on remote sensor monitoring found partially invalid. EMERSON v. SIPCO
To be granted a patent in the United States an inventor must submit a patent application to United States Patent and Trademark Office (USPTO). The patent application will be reviewed by an examining attorney at the