Oracle v. Google: Mixed Results So Far May 9th, 2012Patents/IP by John Harris Many people in the technology business are watching the IP war between Oracle and Google over copyrights and patents on the use of Sun’s Java APIs in Android. Not only could the outcome of this case affect the ability of Android to spread, it could also affect the manner in which software technologies in general are protected – or not. On May 7, 2012, a jury in San Francisco found that Google copied some minor portions of the Java code (nine lines, to be exact), but could not reach an agreement on the issue of whether Google’s Read More
Facebook Builds "Patent Fortress" – Increases Portfolio to 1,400+ Patents April 25th, 2012Patents/IP Facebook increases its patent portfolio in a defensive measure against patent infringement lawsuits. Read More
Supreme Court Holds That Medical Diagnostic Method is Not Patentable Subject Matter March 21st, 2012Patents/IP By: John R. Harris On March 20, 2012 a unanimous Supreme Court held that a patent claim directed to a method of optimizing therapeutic efficiency for treatment of a disease involving (a) administering a certain drug, and (b) determining the level of the drug in a subject (e.g. by a test kit), is not patentable subject matter. Mayo Collaborative Services d/b/a Mayo Medical Laboratories, et. al. v. Prometheus Laboratories, Inc., No. 10-1150, ___ U.S. __ (S.Ct. March 20, 2012). Basically, the Supreme Court applied a long-standing principle that “laws of nature, natural phenomena, and abstract ideas” by Read More
Nuances of Trademark Protection: Policing, Bullying and Shaming February 29th, 2012Patents/IP by: John R. Harris Trademark owners have a responsibility to enforce their trademark rights or lose them. Enforcement of trademark rights is sometimes called “policing” the mark. Trademarks must be actively used and defended, or the rights will evaporate. Registration alone is not enough. The owner of a trademark has to stop people from infringing its marks, even to the extent of going to court if necessary. An effective trademark policing program allows a company to preserve its rights without resorting to litigation. This is usually accomplished by using a “watch” service to provide alerts for improper or Read More
FAQ and Difficult Issues Associated with Registering Copyrights in Software and Computer Programs February 16th, 2012Patents/IP FAQs, Resources/Tools This Frequently Asked Question (FAQ) memo addresses questions, problematic areas, and difficult issues often encountered in registering copyrights in computer software and computer programs. This document is authored by the Intellectual Property Group of Morris, Manning & Martin, LLP (www.mmmlaw.com), and is intended to assist clients and entrepreneurs in identifying and collecting materials necessary for registering software copyrights. 1. Why should I register the copyright in my works of authorship? Answer: Although copyright protection extends automatically to “original works of authorship” that are fixed in a tangible medium, registering those works of authorship with the U.S. Copyright Office is a relatively Read More
Registration for New Top Level Domain Names Begins This Month January 17th, 2012Patents/IP Your Name .Here — Registration for New Top Level Domain Names Begins This Month January 2012 Introduction: We are all familiar with the common and widely-used generic top level domain names (gTLDs) currently available on the Web, such as .com, .org, .net, .biz, and the like. Very soon, however, the number of TLDs will rapidly expand, and companies will be able to own, operate, and control their own custom TLDs (e.g., www.example.mycompany). As described in greater detail below, companies or individuals can apply to become the operator of a new custom TLD this January 2012. These new custom TLDs may greatly impact how companies Read More
Frequently Asked Questions about Patent Reform – The Leahy-Smith America Invents Act of 2011 (“AIA”) December 27th, 2011Patents/IP FAQs For best results, view in full screen mode. Client Advisory FAQ – AIA Patent Reform – 2011 Read More
USPTO Expands Availability of Prioritized Examination for Patents December 22nd, 2011Patents/IP by: John R. Harris The United States Patent and Trademark Office (USPTO) recently expanded the availability of “prioritized examination” for pending patent applications. Prioritized examination is a procedure that allows a patent to be examined and, if patentable, issued more rapidly. Some patent applicants may benefit by obtaining patents more quickly. On December 19, 2011, the USPTO amended its regulations (37 CFR § 1.102(e)) to allow a request for prioritized examination to be made with or after a request for continued examination (RCE). Before this rule change, prioritized examination was not available unless filed early in the patent process. This new rule Read More
President Obama Signs Patent Reform Bill September 19th, 2011Patents/IP On September 16, 2011, President Obama signed H.R. 1249, the “Leahy-Smith America Invents Act” (AIA). The AIA was passed by the U.S. Senate on September 8, 2011, without any further amendments to the House version of the law. This “patent reform” bill will put into effect several profound changes in U.S. patent laws during the next year. The changes will occur both in the front-end stage of filing and prosecuting patents, as well as the post-grant stage after patents have been issued and are in the enforcement / licensing / litigation stage. Foremost is a conceptual change of the U.S. Read More
Federal Circuit Upholds Sanctions Against Patent Holding Company for Manner of Extracting Settlements August 5th, 2011Patents/IP Case Has Potential to Curb Patent Infringement Case Settlement Strategies by “Patent Trolls” by: John R. Harris The Court of Appeals for the Federal Circuit (CAFC) recently upheld significant sanctions imposed by a district court against a patent holding company and its attorneys. The CAFC believed this was an exceptional case of behavior in extracting patent litigation settlements that warranted punitive action. The case is Eon-Net LP, and Zimmerman & Levi, L.L.P. and Jean-Marc Zimmerman v. Flagstar Bancorp, Case No. 2009-1308 (Fed. Cir. July 29, 2011). The case can Read More