Wealth of Ideas Blog

New Opportunities Or How To Circumvent "eBay"

A previous blog post discussed the eBay decision, about which we will not comment further, except to note that it effectively removed one weapon from the arsenal of the NPE – the dreaded “non-practicing entity” (also, pejoratively known as a “troll”). No longer could the NPE threaten a patent infringer with the legal equivalent of a neutron bomb – a permanent injunction.

Free At Last

Under the common law, intellectual property, created by an employee in the course of his employment and pertaining to the business of his employer, belongs to the employer. Nevertheless, in order to leave no question as to this, most employers require employees to sign an agreement to this effect (the well known Employee Invention Assignment Agreement).

Giving (Or Getting) More Than You Thought

Patent licenses typically allow the licensee to “make, use and sell” the patented product. Often, they are silent as to the right of the licensee to have the licensed product made by a third party. In such a circumstance, does the license also include the right to “have made,” i.e. the right of the licensee to use third-party contractors to manufacture licensed products for its own use?

Jarndyce v. Jarndyce All Over Again (Apologies to Charles Dickens)

A recent blog commented on a case where the defendants were lawyers. We now have a case, Tailored Lighting Inc. v. Osram Sylvania Products, Inc., where the lawyers for the defendant are deposing lawyers for the plaintiff. Yes, indeed. It seems that the lawyers have reached a point where they only need lay persons (f/k/a “laymen”) to pay their bills.

No More Exceptions

In patent law, a “product” or “article” claim covers (well, duh) a product. A “process” claim covers a method of doing something – like making a product. A product claim is infringed by the unauthorized making, using, selling, offering for sale or importing the patented product. A method claim is infringed by the unauthorized practice of the patented process.