Litigation lawyers and attorneys of Archer & Greiner, P.C., one of the New Jersey’s largest law firms, handles all areas of Internet/domain names, intellectual property, trademark, patent and copyright law.
In light of a recent New Jersey Superior Court Appellate Division decision, it is possible for an employer to be held liable to third parties harmed by its employee if the employer has reason to know that the employee is engaging in Internet conduct that is potentially harmful, yet fails to take remedial action.Â
While initially conceived in 1984 to punish hackers and safe guard classified financial and credit information relating to government and financial institutions, the Computer Fraud and Abuse Act (the “CFAAâ€) has evolved over the past two decades to reflect emerging technology in the areas it was created to protect. Specifically, the CFAA affords employers civil …
On April 30, 2007 the U.S. Supreme Court delivered a unanimous decision in a case that appears to raise the bar for establishing patentability of inventions in the U.S. The case, KSR International Co. v. Teleflex Inc., suggests that it is now more difficult to obtain patents from the United States Patent and Trademark Office …
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 …
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 …
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.
A Texas federal district judge recently denied Z4 Technologies Inc.’s request to enjoin Microsoft from selling, making and using its infringing Windows and Office products. The ruling appears to be the first case to apply the holding in eBay Inc. v. MercExchange, L.L.C., 126 S.Ct. 1837 (2006). The U.S. Supreme Court’s decision in eBay ended …
In the early days of the Internet, enterprising and oftentimes unscrupulous persons would reserve domain names that were the same as or similar to the trade names and trademarks of others and then offer to sell those domains, at high fees, to their “rightful†owners. This practice was known as “cybersquatting.†The Anticybersquatting Consumer Protection …