Blawg ITBlawg ITOngoing discussion of legal aspects of the online world. Blawg IT analyzes the very latest patent, copyright, trademark and licensing issues that affect you and your company. Blogging since 2003, Brett Trout is a registered patent attorney and author 
Articles
Law Firm Suing Patent Office
2007-10-17 22:28:00 The PlaintiffGlaxoSmithKline (GSK) is boldly going where nearly every independent inventor wishes he or she could go - to court with the United States Patent and Trademark Office over the Office's new rules which take patent rights away from inventors. According to the complaint posted on Gene Quinn's IPWatchdog, on October 9, 2007 GSK sued the United States Patent and Trademark Office for, among other things, issuing new rules which restrict an inventor's ability to continue to prosecute a patent application as well as the number of patent claims an inventor is allowed to prosecute. GSK claims in their complaint that the PTO's Final Rules' restrictions on patent applications are Ultra Vires, which is legalese for "Who died and made you boss?" The ClaimsIn addition to arguing that the PTO does not possess the power to even make the new rules, GSK argues the Final Rules are vague, arbitrary, capricious, an abuse of discretion, not otherwise in accordance with law and that they...
When Does a Patent Expire?
2007-10-16 23:06:00 The U.S. comports with the WorldUntil December 8, 1994, the United States had held fast against reason in not knuckling under to the world's impression that patent terms should be calculated from the date the patent was FILED, rather than the date the patent was ISSUED. On that date Congress came to its collective sense and comported U.S. patent law with the General Agreement on Tariffs and Trade (the "GATT Uruguay Round"). Prior to 1994, the U.S. patent terms of 17 years from the date of issue. That means regardless of whether you filed your patent yesterday, or in 1970, you received 17 years of protection from the date of issue.Sinking Submarine Patent sSubmarines patents, made famous by the prolific and inventive Jerome Lemelson. Mr. Lemelson filed hundreds of patent applications on everything ranging from bar codes to superconducting electrical cable. Instead of prosecuting these applications quickly toward issuance, however, Mr. Lemelson would delay their issuance, often until...
Patent It and They Will Come (Maybe)
2007-10-14 16:51:00 Should I Get a Patent ? As a patent attorney, I get that question a lot. Unlike a lot of patent attorneys however, my first answer is typically not an emphatic “Yes.” A good patent is like a safety deposit box. Very valuable, assuming you have something valuable to protect. A patent is not going to sell your invention for you. The only thing a patent can do is to stop other people from selling your invention. If no one is interested in buying your invention, no one else is interested in selling it, making your patent rather useless.If Not Me, Who?I long ago gave up trying to guess whether a new invention was going to make money. I have had clients walk into my office, with “can't miss” inventions, that missed by a rather wide margin. On the other hand, one of the most successful, albeit wacky, inventions I have ever had the pleasure to patent was invented by a client I nearly politely shuffled out of my office in my own misguided attempt to keep him from wasting his money....
All Your Law in One Convenient Package
2007-10-10 15:57:00 Iowa Corporate attorney Rush Nigut is the brains behind the new Iowa Law Blog. Members of Rush's West Des Moines law firm Sullivan & Ward author posts on many areas of Iowa law, including: * Utility law; * Business Law; * Trust and Estates; * Trial and Mediation; * Employment Law; * Regulatory Compliance; * Family Law; and * Real Estate Although the site looks great and is filled with fantastic content, I would advise everyone to boycott the blog. While the Iowa Law Blog indeed has a stable of great bloggers, including the award-winning blogger Rush Nigut, they are keeping one of their most skilled athletes on the bench. I am willing to bite the bullet, and deny myself access to this valuable content until Sullivan & Ward member Lawrence McLellan gets in the game and imparts some of his litigation prowess onto us in the form of at least one blog post. I invite you to do the same. It is a gamble for sure, but knowing Larry, I am confident he will succumb to... More About: Package
Des Moines Patent Lawyer Radio Interview Tonight
2007-02-28 17:15:02 Do not forget to tune into 98.3 WOW FM tonight where my favorite Des Moines patent lawyer will be the featured guest on Jim Goodman's Iowa Business Hour. Here is your chance to pick a patent lawyer's brain for free! Call in with all of your patent, trademark, copyright and Inter net legal questions. The Iowa Business Hour focuses on taking your business to the next level. For many companies, More About: Radio , Lawyer , Interview , Night
Corporate Insights - RushOnBusiness Podcasts
2007-02-28 17:15:02 Iowa business lawyer Rush Nigut is generating mucho buzzo over his RushOnBusiness podcasts. Each half hour podcast shares insight from a captain of industry. New podcasts will continue to cover all aspects of running a business, from legal issues to putting your corporate ducks in a row. Rush's most recent podcast with Matthew Ashburn covers preparing your business for sale. Take a listen. If More About: Pod , Sights , Podcasts , Corporate
Dippin' Dots patent Held Unenforcable
2007-02-28 17:15:02 The Court of Appeals for the Federal Circuit ruled Friday in Dippin? Dots , Inc v. Mosey that the Dippin' Dots patent number 5,126,156 is unenforceable. The Federal Circuit based its ruling on the fact that Dippin? Dots made sales of its product more than one year prior to filing its patent application and failed to disclose this information to the United States Patent and Trademark Office. This More About: Cable , Orca , Tent
Iowa Volunteer Lawyers for the Arts Project
2007-02-28 17:15:02 Matt Krigbaum of the Moyer & Bergman law firm in Cedar Rapids has been working tirelessly for the last two years to get Iowa ?s Volunteer Lawyer s for the Arts (IVLA) project up and running. The IVLA is similar to volunteer lawyers for the arts projects such as those located in New York, California, Texas and many other states. I would encourage all Iowa attorneys with an interest in the arts More About: Lawyers , Project
Where's the Patent Lawyer?
2007-02-28 17:15:02 Tino Buntic has come up with the blogging equivalent of sliced bread: 2000 Bloggers Like all great ideas, 2000 bloggers is as simple as it is powerful. Tino lists pictures of 2000 bloggers selected by nothing other than their attention to the blogosphere and responsivness to his offer of help. What you end up with is captains of industry hobnobbing with students, hippies rubbing shoulders with More About: Lawyer , Here , Patent , Where , Tent
Collective Trademarks
2007-02-28 17:15:02 What is a ?collective? trademark? A collective mark is a trademark used by the members of a group to indicate association with that group. Popular collective trademarks include American Bar Association, Realtor Associate, Rotary International, American Institute of Certified Public Accountants, as well as the names of various fraternities and sororities. A collective trademark, may also indicate More About: Trade , Demark , Mark , Trademark , Marks
Apple Out of the Frying Pan
2007-02-28 17:15:02 Apple and Cisco have dropped their hotly contested lawsuits over the iPhone trademark. The companies have agreed that they both can use the iPhone trademark anywhere in the world. The companies have also agreed to investigate "opportunities for interoperability in the areas of security, and consumer and enterprise communications." I am not privy to the exact terms of the agreement. Were I to More About: Apple
Microsoft Hit With Largest Patent Jury Award in US History
2007-02-28 17:15:02 Thursday, a jury in a Federal San Diego courtroom found Microsoft liable for infringing Alcatel-Lucent patented audio technology to the tune of $1.52 billion. Had the judge found Microsoft's infringement to be willful, United States patent law would have allowed the judge to triple the damage award. Microsoft appeared surprised at the verdict, especially after having licensed the infringing More About: History , Story , With , War
Venture Capital for Iowa Inventors
2007-02-28 17:15:02 Check out Rush Nigut's podcast with Adam Steen of Transition Capital Management. Adam discusses matching Iowa entrepreneurs with the capital and resources they need to bring their ideas to market. It might surprise you that even more than money, most entrepreneurs need expert help with their business model before they can even consider obtaining investment dollars. Brett Trout Rush Nigut Adam More About: Venture , Venture Capital , Inventors
Law Firms - Small is the New Big
2007-02-28 17:15:02 Almost two years ago Seth Godin blogged small is the new big. Although not entirely novel, the concept gained so much momentum that Seth turned it into a best-selling book. Now, six months after the book's release the concept is taking the legal community by a storm. Prior to 1990 it was difficult for small law firms to compete with much larger firms. Large law firms enjoyed economies of scale. More About: The N , Small , Mall , Firms
Internet Jurisdiction - Introduction
2007-02-28 17:15:02 What is jurisdiction and why should you care? Jurisdiction is whether a particular court has the power to hear a case. Jurisdiction is often an issue in Inter net related cases, since the parties both want to have the case heard in their own back yard. Not only is ?home field? advantage a factor, but the costs of not having to travel (or, more importantly, not having to have your lawyers travel) More About: Introduction , Intern , Intro
Pretexting - What You Don't Know Can Hurt You
2007-02-28 17:15:02 Someone calls you telling you they are conducting a survey for a product you use regularly. After a few innocuous questions, they start asking about your social security number or banking information. They may even state that you are eligible for a prize or drawing, but require your credit card information for eligibility reasons. Is this normal? Is it legal? Collecting information for one More About: What , Hurt , Hat , Rete , Text
Iowa Microsoft Case Settles
2007-02-28 17:15:02 Microsoft and Iowa lawyer Roxanne Colin have announced a settlement in their seven year long, $453 million, class action lawsuit. Yesterday's settlement remains confidential pending court approval - slated for hearing on April 20, 2007. Both parties touted the benefits of the settlement terms to consumers. Plans are to publicly disclose the terms of the settlement this spring. Although neither More About: Microsoft , Soft , Case , Microsoft C
Justia Federal Docket Search
2007-02-28 17:15:02 Thanks to Robert Ambrogi for directing me to Just ia's Federal District Court Filings and Dock et system. Justia, the website created by Tim Stanley, the wunderkind behind Findlaw's Glory Days, now allows you to search federal dockets by state or subject area. Whether you are interested in searching Iowa dockets or intellectual property cases be sure to give Justia's new bells a test jingle. . . . More About: Search , Docket
Super Bowl Law
2007-02-28 17:15:02 Title 17 of the United States Code, Section 110(5) states that the following DO NOT constitute copyright infringement: (A) except as provided in subparagraph (B), communication of a transmission embodying a performance or display of a work by the public reception of the transmission on a single receiving apparatus of a kind commonly used in private homes, unless? (i) a direct charge is made to More About: Super Bowl , Super , Bowl
Super Bowl Party and Some "Not So" Divine Intervention
2007-02-28 17:15:02 It is not divine intervention, but commercials that are driving couch potatoes from the temple. Nielsen ratings reportedly do not measure out-of-home viewings like the one planned this Sunday in Indianapolis at Fall Creek Baptist Church. NFL officials, concerned their $2,500,000.00 30 second commercial ad rates might plummet are forcing Fall Creek Baptist Church to cancel its planned "Super Bowl More About: Party , Inter , Part
Request to Mediate a Patent Case Shows Strength
2007-02-28 17:15:02 Mediation is probably better suited and more underutilized in patent cases than in any other type of case. Legal expenses in patent cases that go to trial average $1,500,000.00 per side. Even if mediation is unsuccessful in finding a way to increase the size of the pie, it can at least be successful in ensuring the size of the pie eventually divided is not $3,000,000.00 smaller. Patent More About: Media , Show , Request , Case , Quest
Federal Circuit Rules Against Iowa Company.
2007-02-28 17:15:02 Concluding one of the largest patent cases to pass through Iowa in nearly a decade, the Court of Appeals for the Federal Circuit today in Primos, Inc. v. Hunter's Specialties et al. handed The Intellectual Property Group at Holland & Hart and their client Primos, Inc. a decisive victory over Iowa-based Hunter's Specialties. Ed Sease and Jeffrey Harty of Des Moines law firm McKee, Voorhees & Sease More About: Company , Comp , Rules , Again
Bar Associations - Revenue vs. Members
2007-02-28 17:15:02 My Shingle has an interesting blog post on Bar Association s providing links to attorney websites not by quality or need, but based upon fees paid to the Bar Association. While I do not have a problem with Bar Associations charging for advertising, the advertising should be clearly marked as such. A bigger concern is Bar Associations that choose revenue over the interests of their own members or More About: Soci , Revenue , Members
Iowa Blogga Nostra
2007-02-28 17:15:02 I had great meeting with the Des Moines Family of the Iowa Blog ga Nostra today at Panera in West Des Moines. The Des Moines "Family" includes: * Brett Trout (Intellectual Property) * Rush Nigut (Corporate Law) * Sandy Renshaw (Blog Design/Build) * Drew McLellan (Marketing) * Andy Brudtkuhl (Web Design) * Mike Wagner (Branding) * Tim Johnson (Project More About: Stra , Blogg
Top Ten Reasons NOT File Your Patent Under the New Acceleration Rules
2007-02-28 17:15:02 Earlier this month I wrote about the United States Patent and Trademark Office's new accelerated examination procedure for patent applications. Turns out, there are more than a few drawbacks to the new procedure. As noted in the Patently-O blog, the accelerated examination rules can significantly increase your clients up-front costs, and may even cause your client to lose certain rights. More About: File , The N , Your , Top Ten , Rules
Accelerated Patent Examination a Bad Bet
2007-02-28 17:15:02 Boy, do I love it when I am right. I have blogged in the past about the United States Patent and Trademark Office?s (USPTO) new Accelerated Exam ination procedure for patent applications. Faster applications sounds like a great idea for both the inventor and the USPTO. Right? Well, half right anyway. As a patent lawyer, whenever I see the USPTO making rule changes it makes the hair on the back of More About: Nation , Examination , Rate
Provisional Patent Applications - an $85 Nightmare?
2007-02-28 17:15:02 How does an $85 patent you file yourself sound? All you need to file a provisional patent application is:1) The filing fee; 2) A written description of the invention, complying with all requirements of 35 United States Code 112; 3) Any drawings necessary to understand the invention, complying with 35 United States Code 113 4) A cover sheet containing:a. the application as a provisional More About: Applications , Cat , Nightmare , Night , Sion
Big Apple Takes a Bite Out of Des Moines
2007-02-28 17:15:02 Hollywood actor turned Des Moines bartender, Clint Curtis has been livening up Monday nights in Des Moines with his iPod Mondays. Every Monday night for the past two years a few dozen iPod owners have gathered at the Des Moines bar ?The Lift? to share music and knock back a few brews. Not wanting to do anything untoward, Curtis contacted Apple about using the name and sent Apple regular iPod More About: Take , Bite
Brett Trout on Iowa Business Hour 98.3FM
2007-02-28 17:15:02 Join me next Wednesday on 98.3 WOW FM where I will be the featured guest on the Iowa Business Hour with host Jim Goodman. What more romantic way to spend Valentine's Day than snuggled up by the fire with that special someone, listening to your favorite Des Moines patent lawyer wax philosophic on the wonders of Internet legal issues (excuse me while I grab a tissue). The Iowa Business Hour More About: Ness , Brett
Finally . . . jurisdiction over an eBay seller!
More articles from this author:2006-09-26 04:03:03 Evan Brown of Internet Cases has just posted a blog on a Michigan federal court which has exercised personal jurisdiction over out-of-state eBay seller. The case involved allegations of breach of contract, fraud and misrepresentation over the sale of artwork through an eBay auction. In Dedvukaj v. Maloney, 2006 WL 2520347 (E.D. Mich., August, 31, 2006), the U.S. District Court for the Eastern More About: Seller , Ebay , Elle , Final , Over 1, 2, 3, 4, 5, 6 |
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