Tips for Facilitating Patent Prosecution
March 30, 2006
As many patent practitioners are well aware, prosecution of patent applications has become a slow, tedious process. The U.S. Patent and Trademark Office ('PTO') acknowledges a large backlog of cases in many of its art units, with some art units having a pendency of at least 3 or 4 years. For many fields of technology, including computer and telecommunications, it is imperative to obtain a patent as soon as possible; otherwise, the patented technology will become stale by the time the patent issues, thereby making the patent practically worthless. This article discusses several ways by which a patent practitioner can speed up the patent prosecution treadmill.
Nuts and Bolts of ITC Investigations
March 30, 2006
In recent years, the International Trade Commission ('ITC') has become an increasingly popular venue for parties seeking to enforce patent rights. There are several reasons for this trend. First, the ITC is a high-speed venue. The ITC's investigation of a patentee's allegations of infringement is typically completed within 12 to 15 months, far more quickly than cases in most U.S. district courts. Second, the ITC offers a powerful remedy: exclusion of infringing products from the United States. The U.S. Customs Service enforces the exclusion order. Of course, this remedy is available only when the infringing products are being imported. However, there are many industries in which most, if not all, manufacturing takes place overseas. As a result, resort to the ITC is often available even with respect to domestic competitors. Third, although the ITC does not award damages, the patentee has the option of seeking damages in a parallel case in federal district court. Thus, the patentee can obtain both damages and an exclusion order by pursuing relief before the ITC and a district court.
Verdicts
March 29, 2006
Recent rulings for your review.
Bit Parts
March 29, 2006
Copyright Infringement/Statute of Limitations The U.S. District Court for the District of North Dakota, Southwestern Division, held that a pro se suit against musical artist Michael Jackson and producer Quincy Jones was barred by the 3-year statute of limitations of Sec. 107(b) of the Copyright Act. Gleeson v. Jackson, 1-05-cv-88. Plaintiff George Gleeson claimed copyright infringement of songs and the 'moonwalk' dance that Jackson popularized. But the district court noted: '[I]t is undisputed that the plaintiff,…
'Tonight Show' Doesn't Violate Publicity Right
March 29, 2006
The New York Appellate Division, Fourth Department, granted dismissal of claims against NBC and Jay Leno over use without the plaintiff's permission of her photograph in the humorous headlines segment of 'The Tonight Show.'
Courthouse Steps
March 29, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Counsel Concerns
March 29, 2006
Legal Services After Bankruptcy Post-Petition Filed<br>Malicious Prosecution
