11/19/2013· Intellectual Property
By: Dr. Alan Perlman
All of a sudden, it seems, the search term Plagiarism Rand Paul gets over 40 MILLION Google hits. But the charge is somewhat bogus.
10/15/2013· Intellectual Property
By: David Nolte
A recently affirmed decision to grant judgment for the defendant as a matter of law highlights the importance of expert testimony that is consistent with previously-disclosed opinions presented in a Rule 26 report. In Rembrandt Vision Technologies, Inc. v. Johnson & Johnson Vision Care, Inc., the expert's testimony was struck because of critical discrepancies, leaving the plaintiff with no basis for claimed patent infringement.
1/9/2013· Intellectual Property
EIGHT YEARS AGO Congress decided that the existing means for awarding damages for trademark infringement were not deterring this illegal practice and decided to supplement these measures with statutory damages-a specific range that a court could award even in the absence of proof of a plaintiff's losses or the defendant's profits.
11/1/2012· Intellectual Property
In the last 10 years, the 9th U.S. Circuit Court of Appeals has decided two cases involving naked licensing: Barcamerica International v. Tyfield Importers (9th Cir. 2002) 289 F.3d 589, and Freecyclesunnyvale v. The Freecycle Network (9th Cir. 2010) 626 F.3d 509.
10/18/2012· Intellectual Property
Eight years ago Congress decided that the existing measures of damages for trademark infringement were not deterring trademark infringement. It decided to supplement these measures with statutory damages - a specific range of damages which a court could award even in the absence of proof about plaintiff's losses or defendant's profits.
4/11/2012· Intellectual Property
By: David Nolte
Intellectual Property licensing is big business, and is getting bigger. But most licensors do not earn as much as they should because they fail to perform royalty audits allowed under their license agreements.
12/20/2011· Intellectual Property
Licensing and infringement litigation are two primary potential income sources from a patent. With licensing, the inventor permits the licensee to make, use, sell, or offer to sell a patented invention for compensation.
8/7/2009· Market Research
Survey research is used to provide greater levels of understanding in a wide variety of disputes. Issues such as consumer confusion, misleading advertising claims, disparagement, copyright infringement and trademark disputes can be better assessed as a result of developing and executing survey research. The purpose of this monograph is to aid attorneys in understanding what research standards and guidelines might be relied upon in their use of survey research.