Patents and Patent Law
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Scooped by Kenneth Carnesi,JD
December 17, 2017 11:26 AM
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Software security podcast library

Software security podcast library | Patents and Patent Law | Scoop.it
SearchSecurity.com is pleased to partner with Gary McGraw to feature his monthly Silver Bullet software security podcasts, which discuss best practices in software security.
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Scooped by Kenneth Carnesi,JD
November 15, 2017 2:13 PM
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Blockchain 101: How This Emerging Technology Works

Blockchain 101: How This Emerging Technology Works | Patents and Patent Law | Scoop.it
Bev Robb attempts to simplify the emerging technology of blockchain for all of us under the brass tacks of Blockchain 101.
Scooped by Kenneth Carnesi,JD
November 13, 2017 4:25 PM
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5 Things an IP Attorney Will Make You Do Before You Launch a Crowdfunding Campaign

5 Things an IP Attorney Will Make You Do Before You Launch a Crowdfunding Campaign | Patents and Patent Law | Scoop.it
Evaluating patent risk is serious business -- and the single most important reason for retaining an experienced patent attorney.
Inngot's curator insight, November 14, 2017 4:17 AM
An IP valuation and rating could also assist your crowdfunding campaign! Look to Inngot for IP valuations!
Scooped by Kenneth Carnesi,JD
November 4, 2017 4:28 PM
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Corporate Counsel Should Carefully Consider the Company's Trade Secret Position and Form a Game Plan to Protect the Company - IPWatchdog.com | Patents & Patent Law

Corporate Counsel Should Carefully Consider the Company's Trade Secret Position and Form a Game Plan to Protect the Company - IPWatchdog.com | Patents & Patent Law | Patents and Patent Law | Scoop.it
Among the most disastrous mistakes made with respect to a company's trade secret is believing you own them when, in fact, you do not.
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Scooped by Kenneth Carnesi,JD
November 1, 2017 2:29 PM
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Pity the Patients if Exclusive Licensing is Undermined - IPWatchdog.com | Patents & Patent Law

Pity the Patients if Exclusive Licensing is Undermined - IPWatchdog.com | Patents & Patent Law | Patents and Patent Law | Scoop.it
We already have a surplus of misguided attacks on exclusive licensing, a critical tool for commercializing federally funded discoveries to alleviate pain.
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Scooped by Kenneth Carnesi,JD
October 31, 2017 12:11 PM
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How to Protect Your Small Business from Copyright Claims and Theft

How to Protect Your Small Business from Copyright Claims and Theft | Patents and Patent Law | Scoop.it
Protecting a small business from copyright claims and theft is not hard but 56 percent do not value intellectual property as much as large organizations.
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Scooped by Kenneth Carnesi,JD
October 16, 2017 3:46 PM
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Benjilock on ‘Shark Tank’: A Look Inside the Padlock that Opens With Your Fingerprint

Benjilock on ‘Shark Tank’: A Look Inside the Padlock that Opens With Your Fingerprint | Patents and Patent Law | Scoop.it
Benjilock appeared on Shark Tank in Season 9 to pitch its padlock with built-in fingerprint technology. We interviewed the inventor behind it.
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Scooped by Kenneth Carnesi,JD
October 1, 2017 11:29 AM
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Confessions of a Frustrated Patent Attorney: The Telephone Call - IPWatchdog.com | Patents & Patent Law

Confessions of a Frustrated Patent Attorney: The Telephone Call - IPWatchdog.com | Patents & Patent Law | Patents and Patent Law | Scoop.it
For a mere $2,625,000 you can disclose your most important innovation to your competitors, and they can use it and make sure that you have no rights to it.
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Scooped by Kenneth Carnesi,JD
September 5, 2017 4:50 PM
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Federal Circuit dodges IPR joinder challenge because claims ruled obvious - IPWatchdog.com | Patents & Patent Law

Federal Circuit dodges IPR joinder challenge because claims ruled obvious - IPWatchdog.com | Patents & Patent Law | Patents and Patent Law | Scoop.it
Nidec argued the Board improperly applied the joinder and time bar statutes. The Court held that it need not resolve this dispute because it affirme
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Scooped by Kenneth Carnesi,JD
September 3, 2017 12:22 PM
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USPTO declaring postal emergency due to Hurricane Harvey - IPWatchdog.com | Patents & Patent Law

USPTO declaring postal emergency due to Hurricane Harvey - IPWatchdog.com | Patents & Patent Law | Patents and Patent Law | Scoop.it
The USPTO is in the process of publishing a notice designating the interruption in service in areas affected by Hurricane Harvey in Texas and Louisiana.
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Scooped by Kenneth Carnesi,JD
August 30, 2017 11:34 AM
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Amazon patents a talking drone that would chat with customers -- and ask for help if it fell out of the sky

Amazon patents a talking drone that would chat with customers -- and ask for help if it fell out of the sky | Patents and Patent Law | Scoop.it
No technology is immune to failure, but the prospect of drones falling from the sky isn't frequently discussed in public by would-be drone delivery firms.
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Scooped by Kenneth Carnesi,JD
August 8, 2017 4:30 PM
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'Patent Prosecutor' or 'IP Counselor'?: Clients and Practitioners Should Choose Wisely - IPWatchdog.com | Patents & Patent Law

'Patent Prosecutor' or 'IP Counselor'?: Clients and Practitioners Should Choose Wisely - IPWatchdog.com | Patents & Patent Law | Patents and Patent Law | Scoop.it
Patent prosecutors who operate principally as IP counselors best position themselves to make greater impact on their clients and build a mor
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Scooped by Kenneth Carnesi,JD
August 6, 2017 10:54 AM
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Trump Administration to open probe into deceptive intellectual property policy in China - IPWatchdog.com | Patents & Patent Law

Trump Administration to open probe into deceptive intellectual property policy in China - IPWatchdog.com | Patents & Patent Law | Patents and Patent Law | Scoop.it
Plans are being made by the Trump administration to open a probe into deceptive Chinese trade practices by invoking Section 301 of the Trade Act of 1974.
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Scooped by Kenneth Carnesi,JD
December 10, 2017 3:32 PM
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EFF Pushes For More Transparency in Patent Cases, Whether In Court or at Patent Office

EFF Pushes For More Transparency in Patent Cases, Whether In Court or at Patent Office | Patents and Patent Law | Scoop.it
In a promising step toward transparency, the Eastern District of Texas (the court that sees many of the nation’s patent cases) recently announced an amendment to its Local Rules that would require parties to file redacted versions of documents that contain confidential information
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Scooped by Kenneth Carnesi,JD
November 15, 2017 2:13 PM
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HR-1, Biz 2

HR-1, Biz 2 | Patents and Patent Law | Scoop.it
Part 4 (the second for business taxes) of our discussion of HR-1, the proposed new law for taxation in the US.
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Scooped by Kenneth Carnesi,JD
November 12, 2017 3:40 PM
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Where is the value and opportunity in the patent industry?

Where is the value and opportunity in the patent industry? | Patents and Patent Law | Scoop.it
Opportunity exists in global markets and for companies that view patent portfolios and innovation as a doorway to new markets as part of a growth strategy.
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Scooped by Kenneth Carnesi,JD
November 4, 2017 4:27 PM
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Patent Drafting: Proving You're in Possession of the Invention - IPWatchdog.com | Patents & Patent Law

Patent Drafting: Proving You're in Possession of the Invention - IPWatchdog.com | Patents & Patent Law | Patents and Patent Law | Scoop.it
The written description must show with reasonable clarity that as of the filing date the applicant was in possession of the invention.
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Scooped by Kenneth Carnesi,JD
November 1, 2017 2:28 PM
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Large Technology Groups Explain to the Supreme Court Why the Patent Trials and Appeal Board is Important

Large Technology Groups Explain to the Supreme Court Why the Patent Trials and Appeal Board is Important | Patents and Patent Law | Scoop.it
The Patent Trials and Appeal Board (PTAB), which is expected to be defended by the highest US court in a number of months, receives support in the form of briefs from the EFF and CCIA
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Scooped by Kenneth Carnesi,JD
October 23, 2017 12:49 PM
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Apple and Samsung head for yet another patent damages trial

Apple and Samsung head for yet another patent damages trial | Patents and Patent Law | Scoop.it
Judge Lucy Koh also details how to determine what "article of manufacture" actually did the infringing.
Richard Platt's curator insight, October 24, 2017 11:52 AM

The two tech giants will head back to district court for yet another trial looking into design patent infringement. Judge Lucy Koh, in an order signed Sunday, has told the companies to meet again in a courtroom to determine how much Samsung owes Apple for infringing three patents.   The decision follows a Supreme Court ruling a year ago that said damages could be determined differently than they typically had been in the past.  Damages for design patent infringement, the justices said, can be based only on the part of the device that infringed the patents, not necessarily on the entire product.  "The Court finds that the jury instructions given at trial did not accurately reflect the law and that the instructions prejudiced Samsung by precluding the jury from considering whether the relevant article of manufacture ... was something other than the entire phone," Koh wrote in the order, handing Samsung a victory in its quest for a retrial.   Samsung said in a statement that it welcomes the new trial. "This is a historic opportunity to determine how the US Supreme Court's guidance on design patent damages will be implemented in our case and future cases," the company said.    Apple didn't immediately respond to a request for comment.   The companies have been battling over patents since 2012, and a question about how much money could be owed for infringing design patents made it all the way to the Supreme Court in late 2016. In December, the highest court in the land, in a unanimous opinion, issued its ruling on the scope of the infringing "article of manufacture."  That ruling reshapes the value of designs and how much one company may have to pay for copying the look of a competitor's product. Before that time, the law said an award could be collected on the entire profits of an infringing device. In this case, that's the $399 million Samsung paid Apple last last year.   But the Supreme Court didn't give guidance on how damages should be decided, and in February, an appeals court punted the case back to district court for the Northern District of California.  Apple had asked for the appeals court to uphold the earlier damages ruling because Samsung never showed an "article of manufacture" to be anything other than an entire phone. Samsung, meanwhile, wanted the case sent back to district court for a new damages trial.    Koh, in her order on Sunday, detailed how to define an "article of manufacture" at question in a case. Previously, Apple had argued that the article of manufacture was an entire phone. Koh said the test for determining what item has been infringed will be based on four factors:

  • "The scope of the design claimed in the plaintiff's patent, including the drawing and written description;
  • The relative prominence of the design within the product as a whole;  
  • Whether the design is conceptually distinct from the product as a whole; and 
  • The physical relationship between the patented design and the rest of the product, including whether the design pertains to a component that a user or seller can physically separate from the product as a whole, and whether the design is embodied in a component that is manufactured separately from the rest of the product, or if the component can be sold separately."
Scooped by Kenneth Carnesi,JD
October 2, 2017 4:00 PM
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The Software Patents/Litigation Industry is Dying in the United States and China Takes This Heavy Burden

The Software Patents/Litigation Industry is Dying in the United States and China Takes This Heavy Burden | Patents and Patent Law | Scoop.it
A bogus litigation 'industry' which merely destroys the software (i.e. real) industry is being scuttled by the Supreme Court; China foolishly enough takes this 'crown', essentially creating its own 'Eastern District of Texas' in Beijing
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Scooped by Kenneth Carnesi,JD
September 6, 2017 1:19 PM
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What Changes Result from the Supreme Court Decision in TC Heartland? - IPWatchdog.com | Patents & Patent Law

What Changes Result from the Supreme Court Decision in TC Heartland? - IPWatchdog.com | Patents & Patent Law | Patents and Patent Law | Scoop.it
Interpreting TC Heartland, Judge Gilstrap found a single employee constituted regular and established place of business, and he established
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Scooped by Kenneth Carnesi,JD
September 4, 2017 3:28 PM
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The Global Antitrust Attack On Intellectual Property Rights And What The U.S. Should Do About It

The Global Antitrust Attack On Intellectual Property Rights And What The U.S. Should Do About It | Patents and Patent Law | Scoop.it
BY KOREN WONG-ERVIN -- U.S. agencies should renounce the anti-intellectual property policies adopted under the Obama Administration and speak out against foreign enforcers that use antitrust to devalue intellectual property rights and violate principles of international comity.
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Scooped by Kenneth Carnesi,JD
August 31, 2017 1:45 PM
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Trump's USPTO Nominee is a Supporter of Software Patents

Trump's USPTO Nominee is a Supporter of Software Patents | Patents and Patent Law | Scoop.it
The US patent office is at risk (if Trump gets his way) of being dominated by law firms rather than people with a background in science and technology
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Scooped by Kenneth Carnesi,JD
August 26, 2017 5:18 PM
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Trump nominates Andrei Iancu to be director of patent office

Trump nominates Andrei Iancu to be director of patent office | Patents and Patent Law | Scoop.it
If approved by Congress, Iancu’s nomination concludes a protracted saga of confusion as over leadership of the Patent Office within the Commerce Department.
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Scooped by Kenneth Carnesi,JD
August 8, 2017 4:30 PM
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How patent quality extremism and money-can-buy-fairness have ruined the U.S. patent system - IPWatchdog.com | Patents & Patent Law

How patent quality extremism and money-can-buy-fairness have ruined the U.S. patent system - IPWatchdog.com | Patents & Patent Law | Patents and Patent Law | Scoop.it
Congress must kill the two biggest enemies of the U.S. patent system: patent quality extremism and money-can-buy privileges.
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