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Intellectual Property

FAQs About Patenting Your Invention – the Patent Attorney

by Clyde E. Findley | December 11, 2019 | Intellectual Property

This is one of several blogs about patenting an invention. Do I really need a patent attorney? Yes, you do. It is possible to obtain a patent by yourself, and the PTO will even help you do it, but it is not likely to be of much value. Let me…

FAQs About Patenting Your Invention – Costs

by Clyde E. Findley | December 10, 2019 | Intellectual Property

This is one of several blogs about patenting an invention. How much does a patent cost? This is probably the most frequently asked question. The answer is it depends on several factors. The biggest factor is the complexity of your invention. Here is a rough estimate you can use for…

Copyright Act; recovery of litigation costs; statutory meaning of “costs”

On Behalf of Berenzweig Leonard, LLP | April 15, 2019 | Intellectual Property

Rimini Street, Inc. v. Oracle USA, Inc., ___ U.S. ___, No. 17-1625 (4 March 2019) Oracle USA, Inc. (Oracle) develops and licenses software programs that manage data and business operations, and Oracle offers software maintenance services.  Rimini Street, Inc. (Rimini) sells software maintenance services to Oracle’s customers and competes with…

Copyrights; Right To Sue For Infringement Of A Copyright

On Behalf of Berenzweig Leonard, LLP | March 18, 2019 | Intellectual Property

Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, ___ U.S. ___, No. 17571 (4 March 2019). Fourth Estate is a news organization producing online journalism.  Wall Street is a news website.  Fourth Estate licensed its journalism to Wall Street.  The license agreement required Wall Street to remove from its…

Software-Seller Benefits from Vendor-Friendly Commercial Items Rules

On Behalf of Berenzweig Leonard, LLP | August 10, 2018 | Business Litigation , Cybersecurity & Data Privacy , Intellectual Property

FAR Part 12 – Acquisition of Commercial Items contains unique contracting policies not found in other parts of FAR. For example, changes to a commercial items contract must be bilateral and may not be made unilaterally by the government like under the traditional Changes clause. FAR Part 12’s unique rules…

Challenging Previously Issued Patents Under Inter Partes Reviews

On Behalf of Berenzweig Leonard, LLP | May 24, 2018 | Intellectual Property

In the April 24th decision of SAS Institute, Inc. v. Director of the U.S. Patent and Trademark Office, the U.S. Supreme Court reviewed a patent law case concerning a procedure known as inter partes review. At first blush, patent law may seem to be of little interest to the average…

Offensive Trademarks are Protected by Freedom of Speech

On Behalf of Berenzweig Leonard, LLP | June 26, 2017 | Intellectual Property

All eight of the Supreme Court Justices who heard the case of Matal v. Tam have ruled that the “disparagement clause” of the federal Lanham Act, which states that derogatory phrases cannot be trademarked, is unconstitutional. The United States Patent and Trademark Office (PTO) cited this…

A Legal Marvel: The Stark Difference Between Copyrights and Trademarks

On Behalf of Berenzweig Leonard, LLP | September 19, 2016 | Intellectual Property

Since Iron Man was released to rave reviews in 2008, Marvel has created the most successful film franchise in history and has amassed a global empire while simultaneously re-energizing the comic book genre. As you might expect, many overly ambitious citizens have attempted to take a cut of Marvel’s profit…

Appeal of “Blurred Lines” Verdict Backed by Artists

On Behalf of Berenzweig Leonard, LLP | September 8, 2016 | Intellectual Property

Roughly a year and a half after the highly controversial March 2015 jury verdict awarding Marvin Gaye’s children nearly $7.4 million in a copyright infringement lawsuit against Robin Thicke and Pharrell Williams, the “Blurred Lines” case is in the…

Led Zeppelin’s Victory on the Stairway to Heaven

On Behalf of Berenzweig Leonard, LLP | June 29, 2016 | Intellectual Property

Led Zeppelin emerged victorious in their recent copyright infringement lawsuit against the estate of founding Spirit guitarist, Randy Wolfe, proving once and for all that their smash hit, Stairway To Heaven, is a unique composition and arguably one…