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Patent Infringement Cases Will be Closer to Home
As has been widely observed over the past several years, certain locations have become preferred venues for patent infringement suits. Naturally, any plaintiff looking to file such a suit will seek a venue that is most likely to produce a favorable result. Based on a recent Supreme Court decision, infringement cases will likely spread out across the country.
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Supreme Court Maintains Rule Prohibiting Post-Expiration Royalties
The Supreme Court maintained the status quo – patent royalties that extend beyond the expiration date of the underlying patent remain prohibited.
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In Kimble v. Marvel Entertainment, LLC, the U.S. Supreme Court rejected a flexible test proposed by Kimble, a patentee and licensor, and maintained the clearly defined rule it adopted in a patent royalty case more than 50 years ago, Brullotte, that prohibits post-expiration royalties. The Kimble decision further eliminates uncertainties surrounding patent purchase and licensing activities by expressly recognizing that certain alternatives still remain which allow parties to contract around the established rule prohibiting post-expiration royalties. Further, the court specifically limited Brullotte’s application to patent royalties. -
Patents Certainly Have Value, But 50 percent of Gross Margin?
What is a patent worth? What are appropriate royalties for a patent license? These are typically very difficult questions to answer, but something business owners and inventors always want to know.
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Patent Troll Legislation: Apparently More Difficult Than Expected -The Wait Continues
Over the past few months, patent trolls, frivolous litigation, non-practicing entities and patent reform have regularly been in the news. Unfortunately, the news and speculation will continue, as legislators are finding it challenging to come up with a solution. For now, nothing will change, but stay tuned.
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Inventors Should Exercise Caution with Printed Publications about New Inventions
When discussing "that new invention" with a patent attorney, questions about printed publications or papers invariably arise. Since the laws prohibit patents from issuing when the underlying invention has been described in printed publications either before creating the invention or more than one year prior to filing a patent application, early examination of this issue is important.
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Geier and Lervick Pen Article in Precision Manufacturing Magazine
Mark Geier and Craig Lervick co-authored "Intellectual Property: Have you checked yours lately?" published in the March/April issue of Precision Manufacturing, a Minnesota Precision Manufacturing Association publication.
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A Reasonable View on Business Method Patents
Business method patents continue to be a legitimate asset for many organizations, with thousands of business method patent applications filed each year. Despite their popularity, these patents are often criticized for allegedly protecting subject matter which many would not consider true "inventions."
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Showing articles for Craig J Lervick
Showing Results 1 - 7 of 7
Showing Results 1 - 7 of 7