We are facing a new era. One in which everyone on earth is involved in some way or another. Do you know anyone who has not been a victim of some form of cyber espionage? We can all probably identify one area of our online lives that has been hacked even if it is as […]
Widerman Malek Law Blog
Do You Have a Patent Troll Giving You Trouble?
Under an old creaky bridge lives the troll and you must pass his test in order cross to the other side. Today, a troll is much more than the figurative creature in a story told to children. A troll is someone who intentionally waits for its victims to attempt to cross and then commits extortion. […]
Possible Patent Infringement?
Have you ever invented something? If you have you might know what a patent is already. If you don’t already know hopefully your idea wasn’t stolen from you, or maybe you just haven’t had a chance to create the next big thing. Big companies in all sorts of sectors come up with big things. A […]
Markman and Graver Tank Reshape Patent Infringement Cases
Judges preceding over patent infringement cases, have a very difficult job to do. They must define the scope of the patent protection over an invention and determine whether a company or individual violated that patent. This is easier said than done. Patent language is not cut and dry. The language leaves much room for interpretation. […]
How Do I Enforce My Patent? Part 3: Filing an Infringement Suit
By: Dan Pierron Although frequently an option of last resort, filing a patent infringement lawsuit is the most direct and aggressive manner of enforcing a patent. By filing a lawsuit in federal court, you can command a response from an otherwise unresponsive party, stand up to an unreasonable and uncooperative party, or demonstrate a position […]
How Do I Enforce My Patent? Part 2: Cease-and-Desist Letters
By: Dan Pierron As mentioned in my previous post, one strategy in enforcing your patent is to send an entity that is potentially infringing your patent what is called a “Cease and Desist” letter. The letter has a few core purposes. First, it provides “actual notice,” which is notifying the allegedly infringing party that you believe […]
How Do I Enforce My Patent? Part 1: Overview
By: Dan Pierron Congratulations! Your claims have been allowed, you’ve paid your issue fee, and you’ve received the seal and red ribbon! It’s been years in coming, and now you can kick back and relax, both your mind and your legal budget. Right? Maybe not. Deciding how to utilize a single patent or an entire portfolio […]