• Posts Tagged ‘standing’

    The Role of a Board of Directors

    by  • June 23, 2014 • patent • 0 Comments

    I don’t write much about patent ownership because there just isn’t a lot of interesting stuff going on. There are two major ways it goes wrong for a plaintiff: there is a missing patent owner uncovered or the conveyance assigned less that all rights to the plaintiff. These two situations are litigated so commonly...

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    Why There Are Nonprecedential Decisions

    by  • May 14, 2014 • patent • 0 Comments

    When we last visited Taylor v. Taylor Made Plastics, Inc., the trial court held that the spouse of the inventor acquired a legal ownership interest in the inventor’s patent in the divorce. I was a bit surprised; the language in the divorce was this: The Court finds that the proceeds from the production of...

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    A Post-Lexmark Clarification for Patents

    by  • May 7, 2014 • patent • 0 Comments

    Here’s a little soupçon of a decision, a teaching moment from the Federal Circuit. It’s an easy fact pattern: a patent is in an inter partes reexamination, after the case has been fully briefed the patent owner assigns the patent, the Patent Trial and Appeal Board rejects the claims, and the former owner appeals...

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    It’s Not That Hard

    by  • March 14, 2014 • copyright • 2 Comments

    It’s not a hard concept—to bring a copyright infringement lawsuit you have to own a copyright. Nevertheless, getting that right seems to be a challenge sometimes. Today’s version of the challenge is ownership of the copyrights for works created by Earl Vernon Biss, Jr., who died in 1998 – here is his biography on...

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    Who Can Enforce the Mark?

    by  • November 4, 2013 • trademark • 0 Comments

    I previously wrote about an unusual case in Florida, where a state agency alleged infringement of registered trademarks. The lawsuit was dismissed for lack of standing, with the district court reaching the conclusion that the enabling statute for the agency didn’t grant it the right to enforce its trademarks. According to the statute, Florida VirtualSchool...

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    How to Do a Copyright Assignment So You Can Sue

    by  • October 8, 2013 • copyright • 2 Comments

    I’ve written before about a bunch of copyright infringement lawsuits brought by numerous photo agencies claiming that book publishers exceeded the scope of licenses granted, either by publishing in unlicensed territories or printing more copies than permitted by the license. The photo agency business model presents litigation challenges, though: only the legal or beneficial...

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    What Doesn’t Work for Copyright Standing

    by  • October 4, 2013 • copyright • 0 Comments

    Screen Media Ventures filed a copyright infringement suit against BitTorrent downloaders of the movie “Infected” and sought leave to subpoena internet service providers for subscriber information. Screen Media claimed this language gave it enough ownership interest to have standing for the claim: by itself, or in the name of Infected...

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    Too Many Transactions

    by  • September 19, 2013 • patent • 0 Comments

    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...

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