Infringement Claims

DMCA Advice from the Department of Commerce

April 23, 2015
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The Digital Millennium Copyright Act of 1998 was created to protect copyright owners from infringement of their works (such as photos, documents, music files, and videos) over the Internet.  Amongst other things, the DMCA created an exception (“safe harbor”) against monetary copyright liability for “service providers” (broadly, providers of online services) who establish and follow […]

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Tesla Patent Pledge….Too Good to be True?

June 15, 2014
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On Thursday June 12, Elon Musk, CEO of Tesla Moters, posted a blog post that said “…Tesla will not initiate patent lawsuits against anyone who, in good faith, wants to use our technology.”   At first glance, a good thing.  It is certainly better than having no such pledge.  But before folks gleefully download all […]

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Vermont Approves Legislation Prohibiting Bad Faith Patent Infringement Claims

May 23, 2013
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By Peter Kunin The Vermont House and Senate have approved a first-in-the-nation bill that provides a legal tool for Vermont companies who face extortionate claims of patent infringement from “patent trolls.”  In brief, the legislation gives Vermont companies the ability to bring a lawsuit against patent owners who – acting in bad faith — threaten […]

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Invalidating Expired Patents During Reexamination—Not A Sure Thing

July 13, 2012
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Your patent expired earlier this year.  Then, just last week, you found a product that looked eerily similar to the device covered by your patent, and a little checking on the Wayback Machine indicates that this product has been sold for several years.  Fortunately, even though your patent is expired, it’s still enforceable against sales […]

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IP Liability Insurance: Do You Have the Protection You Think You Have?

May 8, 2012
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By Brad Fawley Given the risks and costs of intellectual property (IP) infringement claims (even when your company isn’t found liable), most companies ideally want coverage of perceived infringement of the products they sell or the services they provide (advertisements, apps, access to websites, software, etc.).  While I have been involved in cases where courts […]

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