Legal Terminology and Law Definition of Intellectual Property

licensing trade secrets
Royalty payments pursuant to a written agreement should continue for as long as the licensed formula is used – even after the trade secret becomes know to the public. Warner-Lambert Pharmaceutical Co., Inc. v. John J. Reynolds, Inc. et al , 178 F. Supp. 655 (SDNY 1959). … Full Definition »
Law topic: Patent Prosecution << Legal issue: Intellectual Property
misappropriation
For an idea to be protected from misappropriation, it needs to be concrete but does not need to be reduced to a completely detailed proposal. Hamilton Nat’l Bank v. Belt, 210 F.2d 706 (D.C. Cir. 1953). Only novel ideas are protected. Murray v. NBC, 844 F.2s 988 (2d Cir. 1988). Unauthorized use of likeness of celebrity’s voice is prohibited. Midler v. Ford … Full Definition »
Law topic: Copyright Infringement << Legal issue: Intellectual Property
nonobviousness
“Under §103, the scope and content of prior art are to be determined; differences between the prior art and the claims at issue are to be ascertained; and the level of ordinary skill in pertinent art resolved. Against this background, the obviousness and nonobviousness of the subject matter is determined. Such secondary consideration as commercial … Full Definition »
Law topic: Patent Prosecution << Legal issue: Intellectual Property
novelty and statutory bars
“But can it be said that the invention was in public use? The use of an invention by the inventor himself, or of any other person under his direction, by way of experiment, and in order to bring the invention to perfection, has never been regarded as such a use.” City of Elizabeth v. American Nicholson Pavement Co., 97 U.S. 126 (1877). … Full Definition »
Law topic: Patent Prosecution << Legal issue: Intellectual Property
purpose of trademark law
“[i]s to reduce the cost of information to consumers by making it easy for them to identify the products or producers with which they have had either good experiences, so that they want to keep buying the product … or bad experiences so that they want to avoid the product or the producer in the future.“. W.T. Rogers Co. v. Keene, 778 F.2d 334 (7th Cir. … Full Definition »
Law topic: Patent Prosecution << Legal issue: Intellectual Property
standards of copyright ability
“[T]he requisite level of creativity is extremely low; even a slight amount will suffice. The vast majority of works make the grade quite easily…” Feist Publications, Inc. v. Rural Telephone Service Company, Inc., 499 U.S. 340 (1991). “Where the truths of a science or the methods of an art are the common property of the whole world, any author has the … Full Definition »
Law topic: Copyright << Legal issue: Intellectual Property
theft of trade secrets
“One may use his competitor's secret process if he discovers the process by reverse engineering applied to the finished product; one may use a competitor's process if he discovers it by his own independent research; but one may not avoid these labors by taking the process from the discoverer without his permission at a time when he is taking reasonable … Full Definition »
Law topic: Patent Prosecution << Legal issue: Intellectual Property
trademark
n. a distinctive design, picture, emblem, logo or wording (or combination) affixed to goods for sale to identify the manufacturer as the source of the product. Words that merely name the maker (but without particular lettering) or a generic name for the product are not trademarks. Trademarks may be registered with the U.S. Patent Office to prove use and … Full Definition »
Law topic: Copyright Infringement << Legal issue: Intellectual Property
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licensing a patent
A patent licensee does not have to materially breach or terminate a license agreement in order to bring an action against the licensor challenging the patent covered by that agreement.Inc. v. Genentech, Inc., 549 U.S. 118 (2007). … Full Definition »
Michael F DowleyAttorney at LawPRACTICE AREA: Real Estate Law, Environmental Law, Litigation
Russell D CawyerAttorney at LawPRACTICE AREA: Labor & Employment Law, Alternate Dispute Resolution, Litigation
Susan A CahoonAttorney at LawPRACTICE AREA: Business Law, Intellectual Property, Litigation
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