• Posts Tagged ‘standing’

    The Alter Ego Owns the Patent

    by  • April 15, 2013 • patent • 0 Comments

    It’s black-letter law, as black as it gets, that in the United States a patent is initially owned by the individual inventor. As stated by the Supreme Court: “Since 1790, the patent law has operated on the premise that rights in an invention belong to the inventor.” Board of Trustees of the Leland Stanford...

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    The Bankruptcy Court Still Has to Approve It

    by  • April 10, 2013 • copyright • 0 Comments

    Here’s a bankruptcy practice tip—you can’t just go signing documents when your company is in bankruptcy. Defendant Deep claimed to own the copyright in the “Aimster” software of yore. He accused plaintiff XAC, LLC, a subsidiary of Xerox, of copyright infringement. Deep had three different theories for why he owned the copyright in the...

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    Correcting Inventorship to Enhance Your Reputation

    by  • April 8, 2013 • patent • 0 Comments

    To have constitutional standing for a claim, the remedy must provide some redress for the claimant. In the case of correcting inventorship on a patent, it generally means the correction will provide a financial advantage, although in theory it could be a reputational advantage. But Shukh v. Seagate Technology, LLC shows that’s pretty hard...

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    It’s Hard to Get Copyright Standing Right

    by  • March 27, 2013 • copyright • 1 Comment

    I gotta think that book publisher Pearson Education has lousy recordkeeping. I found 10 reported cases filed against it, not including this one, alleging that Pearson Education exceeded the scope of the license for photographs it uses in books. The plaintiff in Minden Pictures, Inc. v. Pearson Education, Inc. claims “that Pearson has been...

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    Billy-Bob Teeth Bites Again

    by  • February 19, 2013 • copyright • 0 Comments

    I recently wrote about the difference between standing in patent cases and copyright cases, and the always erudite Ron Coleman over at Likelihood of Confusion contributed on the topic. There is, in my mind, a flaw in copyright jurisprudence that essentially bars a defendant from challenging the chain of title for ownership of a...

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    Standing is a Lot Easier for Copyrights

    by  • January 16, 2013 • copyright, featured, patent • 0 Comments

    I’m curious about the different legal standards that the courts apply in patent versus copyright cases when deciding whether a plaintiff who acquired the rights through transfer has standing. Patent law seems draconian, as exemplified by Abraxis Bioscience, Inc. v. Navinta, LLC.  In Abraxis (blogged here and here), standing for a patent infringement suit...

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    It’s Not Really a “Work Made for Hire”

    by  • January 10, 2013 • copyright • 1 Comment

    One of the most misunderstood aspects of copyright law is work-made-for-hire.  The lay understanding is that a work created at the request of another in exchange for payment is a “work for hire.” That’s not true, as explained by the Supreme Court in 1989 in Community for Creative Non-Violence v. Reid, but nevertheless it...

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    Whoops, the State Owns the Mark

    by  • July 21, 2012 • trademark

    Florida VirtualSchool is an agency of the State of Florida. The enabling statute for the school says this: The board of trustees … may acquire, enjoy, use and dispose of patents, copyrights, and trademarks and any licenses and other rights or interests thereunder or therein. Ownership of all such patents, copyrights, trademarks, licenses, and...

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    I Learned What “Dubitante” Means

    by  • April 21, 2012 • patent

    For purposes of patent standing, there are generally three categories of ownership described: patent owner, exclusive licensee, and non-exclusive licensee. The first has the right to sue, an exclusive licensee must join the assignee in any patent infringement suit, and the non-exclusive licensee has no standing at all. But the first category can be...

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