declaratory judgment
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Patent Infringement Is a Frivolous Claim (If You Don’t Own the Patent)
There is a chicken-and-egg problem with patent ownership and a patent infringement claim. I’d guess that most patents are assigned, that is, since under US law it is the natural person who is the inventor, patents will generally be assigned to a business for exploitation. That underlying assignment, a contract, is therefore a creature of… Continue reading
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Assignor Estoppel is Only a Shield
Here’s a bit of an odd case — too much of a stretch for the court’s taste, but I suppose a hat tip for the try, and the plaintiff got out of it without being sanctioned. The case involves “assignor estoppel.” Assignor estoppel is an equitable doctrine that prevents an assignor of a patent from… Continue reading
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It Seemed Like a Good Idea at the Time
Popeye vs. Popeyes: the owner of Popeyes “quick service” restaurants, AFC Enterprises, Inc., has filed a Complaint for Declaratory Judgment asking the court to declare that it, not the Hearst Corporation, owner of the Popeye cartoon character, is the owner of the trademark POPEYES for restaurant services. The dispute exists because AFC Enterprises originally licensed… Continue reading
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