How does a patent infringement lawsuit begin? A patent lawsuit begins with the filing of a complaint alleging patent infringement by the patent holder. If a lawsuit is filed against you, the patent owner must serve two documents on you: (1) a document called a “complaint,” which explains the accusations…
What is a demand letter? Am I legally obligated to respond? A demand letter is correspondence that states that you are potentially infringing the claims of a patent and requesting that you pay for a license to use the patented invention. You are not legally required to respond to a…
Bloomington, Indiana – In a highly publicized intellectual property case involving the design features of smartphones and tablets, the Federal Circuit will decide whether to force Samsung to pay Apple nearly $400 million – Samsung’s total profits on products that infringed Apple’s design patents. Though several high-profile academics have lined…
Washington, D.C. – The U.S. Copyright Office has undertaken a study to evaluate the effectiveness of current methods for licensing musical works and sound recordings. It seeks additional comments on whether and how existing music licensing methods serve the music marketplace, including new and emerging digital distribution platforms. An initial…
Indianapolis, Indiana – Indiana Code § 35-43-1-7 has been made effective as of July 1, 2014. This new criminal statute, enacted by P.L.158-2013, SEC. 458, covers certain computer-related offenses against intellectual property. It takes the place of 35‐43‐1‐4, which was repealed. Indiana Code § 35-43-1-7 reads, in full: (a) A…
WASHINGTON, D.C. – Commerce, Manufacturing, and Trade Subcommittee Chairman Lee Terry (R-NE) (pictured) recently proposed draft text of legislation to address illegitimate patent demand letters. The legislation is designed to protect businesses from abusive patent assertion entities, also known as PAEs or patent trolls, while preserving the ability of legitimate companies…
Washington, D.C. – The opinion in Blackhorse v. Pro Football, Inc., TTAB Cancellation No. 92046185, resolved the petition of five Native Americans who filed for the cancellation of six “Redskins” trademarks with the U.S. Patent and Trademark Office (“USPTO”). Yesterday, in a 177-page opinion, the Trademark Trial and Appeal Board…
Professor Xuan-Thao Nguyen, a professor at the Southern Methodist University Dedman School of Law, will join the faculty and lead the Center for Intellectual Property Law and Innovation at the IU Robert H. McKinney School of Law. She will join Indiana University in August 2014. Professor Nguyen is internationally recognized…
WASHINGTON, D.C. – The U.S. Department of Commerce’s United States Patent and Trademark Office (“USPTO”) recently announced the creation of a new Office of International Patent Cooperation (“OIPC”). The OIPC will be led by Mark Powell who will serve as USPTO’s first Deputy Commissioner for International Patent Cooperation. Deputy Commissioner…
Washington, D.C. – The United States Supreme Court unanimously affirmed a Sixth Circuit ruling that intellectual property lawyers for defendant Static Control Components, Inc. of Sanford, North Carolina had properly pled a counterclaim for false advertising under the Lanham Act against Lexmark International, Inc. of Lexington, Kentucky. The Court held…