Life Techs. Corp. v. Promega Corp., 137 S. Ct. 734 (2017) Licensing multi-component inventions sourced only in part in the U.S. creates ample risk that a licensee can avoid paying any patent royalty outside the U.S. The Life Techs. decision explains ...
Freedom to Operate (FTO) Goal: Avoid infringing valid, enforceable patent rights of the third parties. Download the Presentation
What is copyright, and how does it work? Answer: Copyright is a legal protection that grants creators exclusive rights to their original works of authorship, such as literary, artistic, musical, and software creations. These rights include the ...
These are some of the common questions and answers related to trademark services. However, each client's situation is unique, and specific inquiries may vary based on their needs and circumstances. At Kagan Binder, we are equipped to provide ...
Implied license laws and the exhaustion doctrine crucially impact the drafting and negotiation of patent licenses. This presentation analyzes the case law that interprets these two doctrines. This presentation also provides frameworks for analyzing ...
Not intuitive, Myths v. Truths, Powerful perspective, "Harvest" inventions, Select best for patenting, Super harvesting. Download the Presentation
Impression Products, Inc. v. Lexmark, Intl., Inc., 137 S. Ct. 1523 (2017) Some patent owners sell products in fields in which there is strong demand for used products or the servicing/repair of used products. Patent owners in these fields are ...
U.S. patent law authorizes an inventor to secure patent protection for inventive machines, articles of manufacture, methods, and compositions that are useful. 35 USC 101. Patent protection allows the patentee to exclude others from making, using, ...
Joint development research often results in the joint creation of an invention. In the patent world, this makes the creators not just joint inventors, but also joint owners of that invention. The provisions of 35 U.S.C. § 262 expressly state that ...
Kagan Binder is dedicated to protecting your creative vision – your unique work, your artistic expression, and your success. Our Copyright Practice is designed to provide you with comprehensive copyright protection, strategic counsel, and the legal ...
This sample license includes generous annotations to help understand the license content and strategies. Download the Document
The Supreme Court emphasizes the importance of preserving the sanctity of stare decisis to guide judicial decisions. See Kimble v. Marvel Entertainment, LLC, 135 S. Ct. 2401 (2015). Yet, cases in the area of patent exhaustion appear to lose sight of ...
A common business model occurs when patentee sells or even gives away patented equipment to pave the way for lucrative sales of proprietary consumables used in the equipment. Often, patentee intends to make most of its revenues from sales of the ...
Patents are different from other Intellectual Property. Unique characteristics, Good and bad, Valuable, Why have a patent system? Download the Presentation
The repair v. reconstruction doctrine (RRD) also limits patent scope. You are significantly impacted by the RRD if you sell patented items, such as capital equipment, for which there is a sizeable used equipment or repair markets. You also are ...
Patent Therapies: Prescriptions for Healthy Patents. Key prosecution mistakes you must avoid. Success strategies show winning prosecution principles. Download the Presentation
Trademarks are not just symbols or names. They are invaluable assets with a myriad of benefits for your business. Our team is here to help you harness the full potential of trademarks and realize the value they present.
These cases represent some of the most significant copyright decisions from 2016 to the present, shaping the landscape of copyright law in the United States. Please consult with your attorney for the most up-to-date information and developments in ...
Booking.com B.V. v. United States Patent and Trademark Office (2020): Significance: The U.S. Supreme Court ruled that a generic term, like "booking," could become a protectable trademark when combined with ".com." This decision expanded the scope of ...
Snapshot 1: Four Major Stars in Every License Agreement. How the Big Four can help you draft and negotiate any license agreement. Download the Presentation
Snapshop 6: Did a quiet shift in the exhaustion doctrine just make licensed patents stronger? Replacement parts and consumables more protectable? Download the Presentation
Myth v. truth, Planning scope, Strategic patenting plan, Sample IP harvesting plan. Download the Presentation
The Government is inhuman. I’m not paranoid. The Supreme Court says so. Return Mail, Inc. v. Postal Service, 139 S. Ct. 1853 (2019) Is a federal agency such as the U.S. Postal Service a person? And what does this have to do with license practice? It ...
The courts strongly favor the exhaustion doctrine as a defense against patent infringement. There is not even the tiniest hint that courts question the integrity or policies of the defense. Except for a minor retreat taken by the Federal Circuit ...
