Imagine That IP Law Blog

Patents have had unusual attention from the U.S. Supreme Court recently. In addition to high-profile cases like Alice v. CLS Bank International, 134 S. Ct. 2347 (2014), that dramatically changes the landscape for technology-based patents, Samsung v. Apple, 137 S. Ct. 429, 431 (2016), that has the potential to dramatically change the landscape for damages in design patent infringement, and Life Technologies v. Promega, 2017 U.S. LEXIS 1428 (U.S. Feb. 22, 2017), which tests the limits of liability under U.S. law for infringement abroad, the court is poised to consider whether the ... Read More ›

In my last post “Design Patents Face Another Million Dollar Question,” I noted that the U.S. Supreme Court declined to decide what the relevant ‘article of manufacture’ was for calculating damages in Apple’s design patent row with Samsung, and the Supreme Court remanded this to the Federal Circuit Court of Appeals.

Now the Federal Circuit has itself “passed the buck,” further remanding the case back to the District Court for the Northern District of California. This effectively gives the Judge at the District Court level a blank slate to craft a test for identifying ... Read More ›

The following article was first published in the Late Fall 2016/Early Winter 2017 issue of Central Bucks Chamber of Commerce’s W4 Magazine.

In today’s business environment, companies inadvertently or purposefully imitate their competitors. Today’s employees, with knowledge of a company’s confidential information, may become tomorrow’s competitor. How can a business safeguard its valuable assets?

Understanding the basics of intellectual property (IP) rights and seeking protection for such assets can save money and be critical for business growth and ... Read More ›

This article reviews the television show “Shark Tank” on a weekly basis, with a focus on the intellectual property (IP) embodied by the products or business ideas each contestant pitches on that show. As always, keep in mind the following types of IP protection:

• A utility patent is used to protect the functional aspects of an idea, and this is what the Sharks (judges) are for the most part referring to when they inquire into how contestants have protected their ideas.
• A design patent protects the ornamental appearance of an article.
• A trademark protects any word, symbol or design that ...

This article reviews the television show “Shark Tank” on a weekly basis, with a focus on the intellectual property (IP) embodied by the products or business ideas each contestant pitches on that show. As always, keep in mind the following types of IP protection:

• A utility patent is used to protect the functional aspects of an idea, and this is what the Sharks (judges) are for the most part referring to when they inquire into how contestants have protected their idea.
• A design patent protects the ornamental appearance of an article.
• A trademark protects any word, symbol or design that ...

This article reviews the television show “Shark Tank” on a weekly basis, with a focus on the intellectual property (IP) embodied by the products or business ideas each contestant pitches on that show. As always, keep in mind the following types of IP protection:

• A utility patent is used to protect the functional aspects of an idea, and this is what the Sharks (judges) are for the most part referring to when they inquire into how contestants have protected their idea.
• A design patent protects the ornamental appearance of an article.
• A trademark protects any word, symbol or design that ...

Many small business entities find that they occasionally have a new product or process for which they wish to seek patent protection. Some of those small businesses may have had some prior experience with the patent process. Unfortunately, many of the prior patent laws changed with the advent of the America Invents Act (AIA). The AIA made fundamental changes in the consequences associated with a business engaging in market activities prior to the filing of a patent application and many commercial entities that occasionally pursue patent protection have not made the necessary ... Read More ›