• Posts Tagged ‘standing’

    Copyright Owner, Employee, or Both?

    by  • August 22, 2010 • copyright

    Ashley Gasper has several hats.  He is an adult film star using the stage name Jules Jordan. (Not what you think, it’s a USPTO link.  Click away.)   He is the president and sole shareholder of Jules Jordan Video, Inc. (innocent too – Wikipedia), the creator of the videos in which Gasper stars.  He...

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    Claims Left Barely Standing

    by  • June 27, 2010 • copyright, trademark

    Commerce Bancorp LLC v. Hill is a meaty enough case on ownership issues alone it’s good for two blog posts.  First is a standing problem that cropped up, second an allegation of trademark abandonment.  I’ll do standing now and abandonment later. I am always somewhat baffled by changes in ownership of intellectual property when...

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    It’s Alive! Or On Life Support, at Least

    by  • October 25, 2009 • patent

    Candy company Mars has a convoluted ownership saga for some patents related to currency acceptors in vending machines. In a classic case of the left hand not being introduced to the right, Mars, Inc. had assigned patents to another member of the corporate family, Mars Electronic International, Inc. (MEI),* during ongoing patent litigation. This...

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    Standing or Not? Answer

    by  • October 22, 2009 • patent

    Here is the answer to yesterday’s post: The court held that Balsam was the owner of the patent and therefore had standing to bring suit. Although San Marco was the owner of the patent in 2005, the court found that the 2006 agreement evidenced intent that Balsam immediately possess title to the patent and...

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    Standing or Not? Answer Tomorrow

    by  • October 21, 2009 • patent

    Here are the facts, you decide who owns the patent. Court’s decision this time tomorrow. The original owner of the patent was Balsam Coffee Solutions, Inc. On June 9, 2005, Balsam assigned the patent to San Marco Roasters, Inc. The two inventors on the patent were co-owners of both companies. More than a year...

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    Recording It Doesn’t Make It So

    by  • October 9, 2009 • patent

    I’ve read so many standing cases that it takes something different for me to pay much attention. This is one. Donald W. Huntley, Esq. is a patent lawyer and plaintiff Huntley, L.L.C., also known as Huntley & Associates, his firm. (His web site is www.monopolize.com, unfortunately not live right now.) EPL Technologies, Inc. retained...

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    Standing No More

    by  • August 14, 2009 • patent

    Medtronic Sofamor Danek USA, Inc. v. Globus Medical, Inc. is another effort by a patent-owning enterprise to try to have its cake and eat it too. The problems start when the company that owns the patents isn’t the manufacturing arm, so the patents are licensed to a sister (child, parent, cousin, etc., etc.) company....

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    Licensed Confusion

    by  • April 2, 2009 • patent

    Koninklijke Philips Electronics N.V. v. Cinram International Inc. is, for the most part, about whether an “essential” patent in a patent pool was necessarily an infringed one (it’s not – or the license would not have said “for the avoidance of doubt, in the event that the manufacture by Licensee of CD-Discs within the...

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