Patent infringement Essays

argued that Google should pay 8.8 Billion Dollars for unlawfully using Oracle patents.7 The United States appeals court ruled in Google’s favor by describing Google’s use of Oracle’s patents as “fair-use”.8 It is evident from these incidents that no one is immune from patent infringement and plagiarism cases; however, there is a definite potential for the legal tools available to combat plagiarism to be unlawfully used to “patent troll” other companies in the professional

What are patents you may ask? To begin with, patents “are a property right granted by the federal government that gives an inventor an exclusive right to make, use, sell, or offer to sell an invention in the United States for a limited time” (Miller 142). It is a form of intellectual property which encourages individuals the development and creativity of their ideas. Patents are concerned with products or process which are new, something of which the public does not know before the patent is filed

that its products do not infringe on the licensed patent, the licensee does not bear the burden of proof. The burden of proof lies with the patentee, who must show that the licensee’s products do in fact infringe on its patent. The Facts Medtronic, Inc., is a firm that makes and sells medical devices. Mirowski Family Ventures, LLC is a firm that owns patents relating to implantable heart stimulators. A 1991 agreement licensed several Mirowski patents to Medtronic and that Medtronic several options

invented a “cooltouch” deep fryer then obtained U.S. Patent and started manufacturing this deep fryer in the United States. In 1997, SEB S.A.’s competitor Sunbeam Products, Inc. asked Pentalpha Enterprises, Ltd., a Hong Kong home appliance maker and wholly owned subsidiary of Global-Tech Appliances, Inc., to design and manufacture same functional fryer. In order to copy the function of SEB’s deep fryer, Pentalpha purchased an SEB’s fryer without U.S. Patent, because it was made for sale in a foreign market

guarantee that a grant of patent would not be not issued if the invention is already known by the public or the invention is already possessed by the public. In Synthon BV v SmithKline Beecham the subject matter that the court was to determine was whether a prior disclosure swashed the requirement of Novelty of an invention the subject of later application.[ ] The facts of the case is this, using the Patent cooperation Treaty on June 10, 1997 an application for Patent was filed. A broad class

intellectual management and to drive more revenues. Therefore, the organization should conduct patent analysis to identify the technology and exploit it further for licensing purposes. A detailed patent analysis helps to identify the organizations patenting in the field of technology, and thus identify opportunities for out-licensing the technology and potential infringement issues. Building a strong patent portfolio An IP portfolio can act as a shield and sword. A strong IP portfolio helps in protecting

“Patent Troll Legislation—Swinging Too Far?” is an article written about the ongoing debate surrounding patent trolls and the methods being taken to combat them. The authors, Chrystal Mancuso-Smith, Brett Johnson, and Joseph G. Pia, are all experienced attorneys in the same law firm, Pia Anderson Dorius Reynard & Moss. Utilizing the experience they gained together in law, the authors seek to explore the misconceptions they feel surround current and future patent legislation and the attitudes taken

invention made upland short cotton into a profitable crop, which strengthened the economic foundation of slavery in the United States. Despite the social and economic impact of his invention, Whitney lost many profits in legal battles over patent infringement for the cotton gin. Thereafter, he turned his attention into securing contracts with the government in the manufacture of muskets for the newly formed United States Army. He continued making arms and inventing until his death in 1825.

on the dealing of seeds and patents incorporated into their genetic material. Bowman versus Monsanto was argued on February 19th, 2013 and granted on October 5th, 2013. The word patent means a government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention. Bowman v. Monsanto is about the United States Patent and Trademark Office granting the Monsanto company a patent for genetic material from a

To reduce the risk of such "hold-up," standard setting organizations (SSOs) usually request patent holders to disclose their relevant intellectual property (IP) rights ex-ante (that is, before the adoption of the standard) and/or to commit to license IP rights which they consider to be essential to the standard on fair, reasonable and non-discriminatory (FRAND) terms. The primary purpose of FRAND is to ensure that a licensor would forgo its right not to license its IP rights or to license only on

TRADEMARKS IN SPACE: Today with the commercialization of space travel some issues have become increasingly significant; some of such issues are obtaining rights, commercial licensing rights and enforcing rights in the outer space. The view of the scholars in the field is that it would be preferable to address these issues before problems emerge. As internet gave rise to challenges which would possibly have been anticipated if addressed before, the same way outer space is becoming a place where

Q2 (15%): Patent related questions. (3%) What are the mostly important requirements for patentability? The most important part of patent application is claim. The law requires at least one claim should be contained in a patent application to particularly point out and distinctly claim the subject matter, in order to be defined and examined by authorities. The claims should include one or more independent claims and/ or dependent claims. An independent claim is a stand-alone claim without any other

In Shakespeare’s Hamlet, castle-guard Marcellus spots the armed apparition of the recently deceased King Hamlet haunting the castle grounds and warily remarks “something is rotten in the state of Denmark.” No offense to Marcellus, but Robert Kenner, director of Food Inc., doesn’t need to see a ghost to sense a similar kind of foul play in the state of America’s food industry. Food, Inc., reveals the dark, corporate underside of America’s food industry that nobody seems to acknowledge. Through his

Certain acts not to be considered as infringement There are certain exceptional acts where the use of patented invention without consent of the patentee doesn’t constitute infringement . Such acts are as follows: (a) Any act of making, constructing, using, selling or importing apatented invention solely for uses reasonably related to thedevelopment and submission of information required under any lawfor the time being in force, in India, or in a country other than India, that regulates the manufacture

1. Introduction Nanotechnology has the potential to solve problems related to human civilizations pertaining to both basic needs and aspirations for comfort life. The basic needs of human being are food, drinking water, energy, cloth, shelter, health and clean environment. The aspirations for comfort life are realizing the automation in every field, space travel and expanded lifespan and so on. Due to continuous efforts of scientists and engineers during last 30 years, there is a substantial progress

For the love of food: Best Meals in Films. Warning: Please avoid these films if you are hungry. Marie Antoinette (Sofia Coppola, 2006) The 18th century France greets the new queen Marie Antoinette who arrived from Austria for the arranged marriage with the heir to the throne. Young and beautiful, she quickly becomes an icon of French fashion and a symbol of the country's wealth. However, her love of luxury turns out a disaster for the economy and this leads to revolution. Even in this grim context

How to copyright your original work? Preface 1. Define Copyright? Copyright is a branch under intellectual property. Usually, copyright means the absolute right to an original or reproduced work. Copyright also applies to subject-matters other than the works such as sound recordings, communication signals, and performers’ performances. 2. What copyright protects? Works Copyright applies to all literary, musical, dramatic, and artistic original works that met all the conditions provided in the Copyright

Are cellphones dangerous? In 1971 Henry Sampson co invented the Gamma electric cell. Then in 1983 inventing portable telephones since then cellphones has been a big sale, conversation, and show. Cellphones are not dangerous they are helpful they make information easier to access. Over the years there has been statements blaming cellphones as a dangerous device that it causes cancer, people texting and driving people walking around on their phones and not checking their surroundings. Almost everyone

believe that LunarEx should not be granted the patent on “all lunar minerals containing the Helium-3 isotope” because LunarEx did not create anything new from the Helium-3 isotope as of the time they requested the patent. In order for something to be patentable, the invention or improvement must be new, useful, and non-obvious. LunarEx’s request to solely patent the Helium-3 lunar isotope does not meet all of the these requirements. The United States patent law gives rights to the inventor of a process

machine. Then you turn the handle, which runs the cotton through the wire, combing out the seeds. On March 7, 1774, George Washington signed Whitney’s patent for the cotton gin. This invention made him famous overnight. Whitney decided that he would give cotton gins to farms, but he would get a 40% stake in all of the cotton profits. However, due to a patent loophole, many