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Library: Patents, Trademarks and Copyrights

 Frequently Asked Copyright Questions
Frequently Asked Copyright Questions

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 ...

 Frequently Asked Questions About Trademarks
Frequently Asked Questions About Trademarks

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 ...

 Honey, I Shrunk the Patent Rights
Honey, I Shrunk the Patent Rights

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 ...

 If you weren’t exhausted before, you will be now
If you weren’t exhausted before, you will be now

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 ...

 Introduction to the Patent Exhaustion Doctrine
Introduction to the Patent Exhaustion Doctrine

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 Owners who Fight over Ownership and Use of Joint Research.
Joint Owners who Fight over Ownership and Use of Joint Research.

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 ...

 Navigating the World of Copyright
Navigating the World of Copyright

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 ...

 Patent and Know-How License For Rustproof Widgets
Patent and Know-How License For Rustproof Widgets

This sample license includes generous annotations to help understand the license content and strategies. Download the Document

 Patent Exhaustion: Outcomes are hard to predict.
Patent Exhaustion: Outcomes are hard to predict.

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 ...

 Pitfalls under the Repair v Reconstruction Doctrine
Pitfalls under the Repair v Reconstruction Doctrine

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 ...

 Reasons to Pursue Trademarks
Reasons to Pursue Trademarks

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.

 Recent Significant Copyright Decisions
Recent Significant Copyright Decisions

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 ...

 Recent Significant Trademark Decisions
Recent Significant Trademark Decisions

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 ...

 The Patent Exhaustion Doctrine is Here to Stay
The Patent Exhaustion Doctrine is Here to Stay

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 ...