The main reason why people obtain patents (other than being inspired by Shark Tank) is to stop someone else from making the same product, and if someone else makes the same product to be able to recover damages. Patent laws require that the damages awarded in patent infringement actions must be “adequate to compensate for [...]
IN RE THE NEWBRIDGE CUTLERY COMPANY A new look at geographically descriptive marks. In this case, Irish Company Newbridge was trying to trademark the name “NEWBRIDGE HOME”, where products were designed out of Newbridge, Ireland. Brief History Regarding Geographically descriptive trademarks: The Lanham Act instructed the PTO to refuse to register a trademark if “when [...]
In this case, the Plaintiffs EMD Millipore Corporation appeals the district courts grant of Summary judgment that the Defendant, AllPure technologies does not infringe the asserted claims of US Patent Number 6,032,543. The ‘543 patent claims are directed towards a device for introducing or withdrawing a sample from a container holding a fluid without contaminating [...]
IN RE: TAYLOR MADE GOLF CO. [OPINION] This case discusses claim construction, as well as Examiner’s should take into consideration the background knowledge that would have been possessed by a person of ordinary skill in the art at the time of the invention. This case is based on an appeal from the USPTO’s Patent Trial [...]
As reported by patentlyo.com (http://patentlyo.com/patent/2014/09/patents-issued-fiscal.html) the number of patent granted year over year continues to grow. During the 2014 fiscal year, over 300,000 utility patents were granted, there are over 1,000,000 patent applications on file, and over 25,000 appeals.
Another fun case dealing with Alice Corp. and 35 USC 101 This is case that deals with 35 USC 101, where the judge relied on Alice Corp to invalidate all of the plaintiff’s claims. The inventions at issue in this case are directed towards automatically synchronizing lip movements of cartoon characters. See US patent Numbers [...]
Design patents cover the “ornamental look” of an object. A protectable design includes characteristics that are unique to the look of a product. Sometimes the utility of an object (i.e. a knife) may not be patentable, however the look of the object may be distinct enough to warrant protection. Typically, inventors want to protect functionality [...]
No Business Method Patents, means no Business Method Patents. Open-Text-SA-v-Alfresco-Software-Ltd In a recent case, regarding Austin’s own Open Text, Judge Donato invalidated claims within a patent assigned to Open Text. The patent suit in question resulted from companies that create management software, wherein the claims were directed towards creating groups of users based upon the [...]
Pierson Intellectual Property is proud to announce that we are growing! We are in the process of setting up a second office at the following address in Houston: Brookhollow Central III, 2950 Loop Freeway West, Suite 5000, Houston, Texas 77092 With the following phone number: (832)-269-5217
Aereo Inc. (“Aereo”) is a company that sells a service that allows its subscribers to watch television programs over the internet. Aereo’s system includes thousands of small antennas and other equipment housed in a warehouse that allows a user to select a show that is currently airing. Utilizing Aereo, subscribers could select an out of [...]