Category «Patents»

New Jersey based patent law firm serves businesses and individuals throughout the region and in other states and jurisdictions for trademark, copyright, licensing, employment issues and litigation law matters.

Open Source Software

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.

Security Interests in Intellectual Property

Perfecting a security interest in intellectual property involves determining the appropriate filing venue. In general, Article 9 of the Uniform Commercial Code (“Article 9”) applies to transactions intended to create a security interest.  However, Article 9 can be preempted by certain federal laws authorizing other procedures for recording liens.


Invention involves conception of a useful idea coupled with its reduction to practice. In determining conception, more than a bare idea is required. Conception is the formation in the mind of a definite and permanent idea of the complete and operative invention as it is to be thereafter applied in practice. Reduction to practice is …

Patent Basics

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 …

Patent Licensees Can Challenge A Patent’s Validity While Paying Royalties to the Licensor

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 …

Microsoft Wins Patent Case With “eBay” Argument

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 …