It takes skill to win a patent case. You must marshal the evidence so judge and jury will follow you to the right conclusion. See Abraham Lincoln School of Patent Litigation. Lincoln, born in Kentucky and called to the bar in Springfield, Illinois, knew how to try a case quickly. Juries could relate to him. He was real. Abraham […]
Why do patent defendants say such bad things about the U.S. District Court for the Eastern District of Texas? I asked this question of Michael C. Smith, the noted lawyer and blogger from Marshall, Texas. To prime the pump, I noted Texas Monthly calls his hometown “the intellectual property equivalent of a speed trap, a […]
If you’re an inventor, engineer, or programmer—if you’re an entrepreneur, owner, or prime mover in a business—if you use technology to make better products for your customers— Here’s a toast to you! More than a toast, my gift to you today is
Business people: If you are regrouping to take your business to the next level, your form of legal entity and your company documents can be a help or a hindrance. This may be a good time for a check-up, and perhaps a tune-up, of your business structure and operating agreement. This article is based on real world […]
The U.S. District Court for the Eastern District of Texas (EDTX) is often painted in a bad light. Among other malignments, the Court has been described as having “earned a reputation as the intellectual property equivalent of
House counsel for a large software company has written an open letter to me titled Pursuit of Extremely Short Patent Claims. He has thrown down the gauntlet in a public forum. Here’s what he said to me, followed by my response.
Are you protecting your company’s patents, trademarks, and other intellectual property (IP) internationally? If not, you’re missing out! The Young Turks of IP, literally in Turkey and figuratively elsewhere, can help you to advance your company’s business interests through better, stronger IP protection. Here’s what’s at stake, with 7 tips on how and when to protect your […]
Luck, resources, or skill: Which factor is most important in basketball? In patent cases? In basketball, one counts on a bit of luck as the ball rolls around the rim. Talented players are the key resources. For skill, look at the coaches. In patent cases, judges and juries are drawn randomly. The top resources—and the biggest liabilities—in patent cases are the facts. The skill […]
Amidst the raging debate over succession for Justice Antonin Scalia (1936-2016), I ask for one minute of silence. Not from the press, the Executive Office, or the campaign trail, but from the Bench. One minute of silence from the Bench. For each side in
Fifty-eight years ago today, Kirk Godtfred of Lego filed his patent application on the basic building block, literally, of Lego’s billion dollar private fortune. Now, here’s the thing: A patent filed 58 years ago is long expired. The then-standard-17-year term ended in 1978. So how is it that Lego is still the only game in town?