emc_uspatentlaw
Prosecution history of prior art helps save a patent from anticipation. INTEX v. TEAM WORLDWIDE
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
DANK found to be merely descriptive, brewery denied trademark registration. IN RE SWEETWATER
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
Is a shared bug in two different apps evidence of copyright infringement? DIRE STUDIOS v. APPLE
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
Expert testimony on obviousness does not incorporate the argument by reference. 3M v. EVERGREEN
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
Beverage makers battle over WAVE as a trademark. OCEAN SPRAY v. WEDGE WATER
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
Texas Supreme court rules that copyright infringement by the state is not a taking. OLIVE v. UNIVERSITY OF HOUSTON
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
Patent application for travel planning device rejected as ineligible subject matter. IN RE: BONGIORNO
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
Caffeinated beverage companies battle over RISE trademark. RISE BREWING v. PEPSICO
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
Data breach at video game developer exposes possible copyright infringement. JURACEK v. CAPCOM
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
Indefinite “means for” patent claim survives summary judgement because Defendant offered no expert testimony. SPEX v. WESTERN DIGITAL
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