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PATENT LITIGATION PITFALLS

For years, patent holders have utilized the strategy of suing on patent infringement claims as a means of profitability. However, recent trends in court rulings and proceedings have demonstrated that in the fast-growing technology sector, patent litigation may not be worth the time, effort and costs. One such case involves…

HOW SMALL BUSINESSES CAN FIGHT OFF KNOCK-OFFS WITH INTELLECTUAL PROPERTY RIGHTS

The International Organization for Standardization (ISO) released a report earlier this year detailing the continual rise in counterfeiting, which has become a big business that can be detrimental to small businesses and consumers. Counterfeiting reaches a diverse array of industries including, but not limited to, food, drinks, currency, apparel, pharmaceuticals,…

THE IMPACT OF TRADEMARK BULLYING

Trademark law protects a trademark owner’s exclusive right to use a trademark when use of a mark by another party would be likely to cause consumer confusion as to the source or origin of goods. To establish a violation of the Lanham Act for either a registered mark, the plaintiff…

GOOGLE’S BOOK-SCANNING IS FAIR USE, JUDGE RULES IN LANDMARK COPYRIGHT CASE

Federal Judge Denny Chin declares that Google Books, which digitizes complete copies of books without an author’s permission, is absolutely legal, thereby putting an end to this 8-year-old legal battle. Chin declares that Google not only meets the four legal factors for fair use defense to copyright infringement, but also…

APPLE HEADS TO TRIAL WITH INVENTOR OVER SMARTPHONE PATENT

Seventy-year-old Richard L. Ditzik, owner of NetAirus Technologies LLC, takes Apple Inc. to trial over a patent that covers a popular smartphone feature, the cellular network. Apple Inc. argues that since Ditzik’s original patent was changed to include technology that Ditzik did not discover until after filing the application, the…