Open source software code is publicly available and enables users to modify and disseminate new code including their modifications. Those who incorporate modifications into commercial software should consider both the patentability and infringement aspects of their efforts. Read the rest of this entry »

As our economy becomes increasingly globalized, prudent trademark owners will remember that it is their responsibility to maintain control over the distribution channels, as well as the ultimate geographic sale location, of their branded products. Markets around the world are being flooded with “parallel imports” and “gray market” goods - branded goods that are imported into a market and sold there without the consent of the owner of the trademark in the markets. These goods are not counterfeit (i.e., manufactured by someone other than the brand owner). Rather, they are manufactured by, for, or under license by the brand owner, but are imported into a jurisdiction different from that intended by the trademark owner. The question for trademark owners is, what rights do they have to stop the sale of gray market goods? Read the rest of this entry »

Independent computer programmers and software developers are increasingly turning to open source code in writing new computer programs. Therefore, there is a growing need for both programmers and developers as well as companies who contract for their services and distribute their software to understand both copyright law and the GNU - General Public License (“GPL”) which governs open source code. Read the rest of this entry »

Individuals and businesses in all industries routinely hire consultants to create materials for them.  Examples of materials often outsourced include websites, custom software, brochures, manuals and product literature.  Most purchasers of these items assume that they own all rights to them as soon as they pay for them.  Actually, often times they do not.  Read the rest of this entry »

Patents protect the utility of new and useful inventions as well as ornamental designs of articles of manufacture. In particular, utility patents cover machines, products and processes (including methods of doing business), and design patents protect the visual impression or “look” of an article of manufacture. A patent enables its holder to prevent others from making, selling or using the subject matter covered by the claims of the patent. Read the rest of this entry »

The law governing ownership of invention, trade secret and patent rights between employers and employees is premised on a few well-settled principles. As a general rule, an employee retains ownership of any invention or trade secret conceived and/or reduced to practice while in the course of his or her employment. Read the rest of this entry »

The Supreme Court’s decision in MedImmune v. Genentech, 127 S.Ct. 765 (2007), permitted MedImmune to challenge Genetech’s drug patent before breaching its patent license with Genentech.

Historically, breach of a patent license restrained licensees from challenging patents on invalidity grounds since patent holders could retaliate against those who willfully breached a patent license with an injunction and seek money damages. The new standard in MedImmune removes that risk. However, this new threat to patent holders is offset by the expense of challenging a patent in court.

The International Trade Commission (ITC) was created under the 1930 Tariff Act to prevent U.S. merchandise knockoffs from entering the country in violation of patent rights. U.S. companies with foreign manufacturing operations can fall into the commission’s jurisdiction. Read the rest of this entry »