Category Archive for "Articles"

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Another Patent Eligible Software Invention – Trading Technologies International, Inc.

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In Trading Technologies International, Inc. v. CQG, Inc. (“TTI”), the Federal Circuit found claims for a graphical user interface (“GUI”) to be patent eligible subject matter under 35 U.S.C. § 101.  This case is another example of how software may…

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WHO IS THE TRADEMARK OWNER – DISTRIBUTOR OR MANUFACTURER?

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One question that arises in trademark law is who is the owner of a trademark – the manufacturer or the distributor?  This question may be difficult to resolve when a relationship between a manufacturer and a distributor ends and the…

Patent Lawyer Florida

THE BUDDING TRADEMARK GREEN RUSH: A RACE TO PROTECT MARIJUANA RELATED BRANDS UNDER TRADEMARK LAW

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Medicinal marijuana and/or recreational marijuana have been legalized on the state level in twenty-nine (29) states as of early 2017. The race to harvest the benefits of this budding industry has been termed the “Green Rush”.  Trademark law will be…

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December Newsletter

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The Plus IP Firm December Newsletter

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So Whose Work is it Anyway?: A Discussion on Who Owns Copyrights to a Work

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As an intellectual property lawyer I am often asked who owns the copyrights to a work. Under the Copyright Act of 1976, 17 U.S.C. §§ 101-1332 (2012), copyright ownership vests initially with the author or authors of the work.  In…

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AMDOCS v. OPENET: ANOTHER EXAMPLE OF A PATENT ELIGIBLE SOFTWARE INVENTION

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The Federal Circuit recently ruled in Amdocs (Israel) Limited V. Openet Telecom, Inc., Openet Telecom Ltd., No. 2015-1180, 2016 WL 6440387 (Fed. Cir. Nov. 1, 2016) (“Amdocs”), that a software patent’s claims were patentable subject matter under 35 U.S.C. §…

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Responding to Trademark Office Actions

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Many trademark applications filed with the United States Patent and Trademark Office (“USPTO”) receive some form of office action.  A trademark office action is correspondence from the USPTO written by an examining attorney requiring an applicant to take some type…

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October Newsletter

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The Plus IP Firm October Newsletter

Patent Lawyer Florida

HALO TEST FOR PROVING ENHANCED DAMAGES FOR WILLFUL PATENT INFRINGEMENT

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Recently in the case Halo Electronics Inc. v. Pulse Electronics Inc., 136 U.S. 1923 (2016), the U.S. Supreme Court lowered the standard and changed the test for proving entitlement to enhanced damages for willful patent infringement. In doing so the…

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AN OVERVIEW OF THE PROCESS FOR PATENTING AN INVENTION

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The purpose of this document is to explain the timeline of the process for patenting an invention or design.  The patenting process can be separated into a few main stages.  Our firm will shepherd your patent application through these stages…