security interest
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Security Interests and Patent Standing
Only assignees and some exclusive licensees have standing to bring a claim for patent infringement. In the category of “exclusive licensee,” there is some line drawing that goes on around the meaning of “exclusive.” Where an exclusive license is tantamount to an assignment, the exclusive licensee can sue without joining the owner. Where the assignor… Continue reading
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Luckily, Recording a Security Interest Does Not Assign a Patent
This is a situation I don’t recall seeing before, but perhaps that is because it took some chutzpah to make the argument. At any rate, the decision covers some interesting legal history. The decision is about is security interests. In Raffel Systems LLC v. Man Wah Holdings Ltd. Inc., the plaintiff-patentee had granted security interests… Continue reading
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A Thing of Beauty
I don’t think I have ever been so excited about an exhibit in a case before. It’s one that makes the heart of a person who writes about trademark ownership sing. Just look at it: Yes, it is a pawn ticket. I have looked at many documents claiming to be a trademark assignment and this… Continue reading
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The Security Interest Quiz Answer
I previously offered a quiz asking you to decide who, between a secured party and a licensee, owned the rights in an improved version of software. And the answer is — Pro Marketing, owner of the security interest. I missed it, but it is a straightforward answer. The key is that the collateral included rights… Continue reading
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A Security Interest Quiz
Priva Technologies didn’t do well in its business. It financed its business, first, by taking a loan and granting a security interest in assets, including in its software, and second, as part of a reorganization, by assigning the improvements in the software to a licensee. Then it shuttered. Who owns the improvements? The original technology… Continue reading
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Why Litigation Is So Expensive
The USPTO has a number of different databases with information about trademarks—one for basic trademark registration data, searched by using the Trademark Electronic Search System (TESS), assignment records at Assignments on the Web (AOTW), and ex parte appeal, opposition and cancellation proceedings in the Trademark Trial and Appeal Board Inquiry System (TTABVUE). Two older databases,… Continue reading
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Too Many Transactions
Six inventors, four changes in ownership before the patent issued and four more after. That’s a recipe for a standing problem. In Mayfair Wireless LLC v. Cellco Partnership d/b/a Verizon Wireless, Mayfair Wireless did a lot of due diligence and even some extra clean-up — it had the six original inventors assign any rights to… Continue reading
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