Business—at least as waged between competitors—is war. That observation was made in 1832 by Prussian General Carl von Clausewitz in his magnum opus, On War, based on his service in the Napoleonic Wars. We see this in the field of intellectual property (IP) rights. What is a patent, if not a competitive advantage, the legal […]
In a major new development, the International Association for the Protection of Intellectual Property (AIPPI) has adopted a resolution favoring patent-eligibility of computer software inventions, also known as “computer implemented inventions” or “CII.” I. Background of widespread confusion about software or CII patents The patent systems of the world are in a state of confusion […]
“Deep in the Heart of Texas” was a hit song in 1942. Half a century later, in 1992, patent litigants penetrated deep into the heart of Texas—all the way to Marshall. It took another quarter-century for the U.S. Supreme Court to plunge a knife into the swelling heart, the pulsating East Texas patent docket, in […]
On Tuesday evening, I went to a “shark tank” event at TechNexus in Chicago. Thanks to my friend and colleague Nancy Fallon-Houle, the startup business lawyer, for inviting me. Here’s what I’ve learned about inventions and Shark Tank. If you’d like to know more about how to profit from your inventions, this article is for you.
On Presidents Day, it is my pleasure to share with you the Beem Presidential Patent Collection. The collection comprises historic original patents and an original copyright, dated between 1800 and 1843, signed by U.S. presidents (also British monarchs), U.S. secretaries of state, and U.S. attorneys general. Also in the collection are original letters signed by […]
In this third and final part of my current series on East Texas patent litigation, I will discuss essentials for victory in Texas intellectual property (IP) trials, again, based on my exclusive interview with noted blogger and Texas lawyer Michael C. Smith. Contrary to popular impression, the U.S. District Court for the Eastern District of […]
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
Let’s say you own a business that makes something, whether it’s a software product or a hardware device. Your success depends on filling your customers’ needs better than anyone else. You innovate to make your products better, faster, cheaper. You solve your customers’ problems. That’s what your engineers and coders do. But you’re stuck on […]
“We’ve run out of big ideas,” the Wall Street Journal wails. The voice of Corporate America paints a bleak picture without offering any path forward. In this article, I will provide a simple formula for innovation, market leadership, sales and profits.