Stan Gibson’s article, “The Preservation of Future Intellectual Property Rights” was published by the Daily Journal.
Patent Holders: Do Not Forget Taxes JMBM attorney Stan Gibson discusses… What patent holders and inventors need to know before licensing, acquiring, or settling a lawsuit involving intellectual property There are complex tax issues surrounding the licensing of intellectual property and the settlement of lawsuits regarding intellectual property. Therefore, the tax issues impacting a particular […]
Business Models Based on "Business Method" Patents May Be at Risk Businesses that rely upon "business method" patents to protect their market share received a mixed message this week in the U.S. Supreme Court decision Bilski v. Kappos. While the Court indicated that specific application of some business methods may still be protectable by patents, […]
New Cottage Industry: Boon or Bust? By Rod S. Berman Reprinted with the permission of Daily Journal Corp. (2010) Legal cottage industries built upon claims of intellectual property infringement are established and growing. For example, in the apparel field, entities purporting to own copyrighted fabric designs are employing the Copyright Act to obtain huge numbers […]
Protecting Ownership of Your Property: The Importance of Employment Agreements A recent decision from the Federal Circuit Court of Appeals, Stanford University v. Roche, 516 F.3d 1003 (Fed. Cir. 2009), highlights the importance of employment agreements in protecting the ownership of intellectual property. In Roche, the Federal Circuit faced the issue of whether Stanford University […]
Rod Berman and Berney Gans’s article, “The Inherency of the Patent Right to Have Made”, discussing a Federal Circuit ruling on patent licensing, was published by the Daily Journal. To read the full article, click here.
We have been informed that beginning on Saturday, June 13, 2009, the social networking site Facebook, Inc. will begin allowing users to create personalized URLs for their Facebook pages that incorporate the user’s username, e.g., facebook.com/USERNAME. Facebook has created a form that owners of registered trademarks can use to "reserve" their trademarks on Facebook and […]
Jessica Bromall Sparkman and Rod Berman’s article entitled, “Fraud in the Trademark Office and Fraud in the Patent Office: Different Standards but Both on Appeal”, was published in the June 2009 issue of Intellectual Property & Technology Law Journal.
Removal Of Non-Diversity-Based Malpractice Claims To Federal Court — A New Approach? By Amy Lerner Hill and Rod Berman According to attorneys Amy Lerner Hill and Rod Berman of Jeffer Mangels Butler & Marmaro, patent-related malpractice claims are being placed into federal courts with increasing frequency. The authors discuss the roots of this trend and […]
Clothing manufacturers have long taken note of fashion trends, deciding what current and upcoming designer fashions they’ll recreate and sell to the public at a fraction of the designers’ price. In response, and at the behest of a handful of haute couture designers, the Council of Fashion Designers of America (CFDA) has mobilized and is […]