A new pending study is raising controversy about the reasons for litigation.  While it is not patent-law specific, it will certainly have an impact on the patent law world.  The study investigates whether it is better to settle disputes outside of court or go to trial.

The determined results were interesting.  It was determined that generally, it is “wrong” to go to trial, meaning that the cost of going trial is statistically much greater than the cost of settling out of court.  This finding holds true for both sides of the dispute.  According to the numbers, 61% of plaintiffs were wrong, and 24% of the defendants were wrong.  Only 15% of individuals made the right choice in going to trial.

They also determined that the cost is disproportionately greater for defendants than it is for plaintiffs.  Plaintiffs lost on average $43,000 dollars, where as defendants had to pay close to $1.1 million.  Sometime experience pays, especially when there is a lot of money at risk.

If you would like explore your patent law litigation options, contact an experience patent law attorney at William Kherkher by calling 866.950.9000.

The debate over patent law is getting hotly debated as more and more legislators are pushing for patent law reform.  Recently, Zoe Lofgren, a Democratic Representative from California, told a crowd in Denver that Congress should pass legislation to improve and update the United State patent law system by sometime next year.  A bill was passed in the House but stalled in the Senate because of controversy. 

Lofgren stress that new conversations must be forged that would begin with “things we know we can agree on.”  This would put things in place that would lay down a framework for a standardization of the patent law interpretation and judicial rule.  The ultimate question was a difficult one to answer.  Lofgren asked:  “How do you legally set a framework that prevents abuses and allows for a vigorous system that protects intellectual property?” 

If would like to explore your legal options with regard to patent law, contact the experienced patent law attorneys at the law offices of Williams Kherkher by dialing 866.950.9000.

As technology becomes more sophisticated and complex, determining whether or not a competing object has significantly infringed upon another creative invention, with similar components and functionality, has become an increasingly difficult task. 

Ultimately, the decision of whether or not a device has been infringed upon depends on the definition of what the device is and what it will be used for.  In some courts, a series of tests are conducted in order to make a determination. 

Devices are vetted against a “Doctrine of Equivalents.”  Through this process, elements of the accused device are compared very closely to the claimed device.  If there is a high equivalency rate, then the accused device may be charged.  Equivalency is determined through a “triple identity” test, which illustrates whether the elements of the device “perform substantially the same function in substantially the same way to obtain the same result.”

These matters can be quite confusing.  If you would like to explore your options in patent litigation law, contact the patent law attorneys of Williams Kherkher at 866-950-9000.

An interesting decision was reached in court recently regarding the status of open source license conditions.  According to the court, the conditions are indeed enforceable under the copyright laws.

The courts believed that copyright holders in open source licensing have the right to control the modification and distribution of copyrighted material.  Anything other than what is specified under the rules and regulations stipulated by the copyright holder are considered unauthorized.  Unauthorized use of the content constitutes an infringement.

The judges determined that the “clear language of the Artistic Licensee creates conditions to protect the economic rights at issue in the granting of a public license.”  They figured that these rights apply to open source computer programs and that license conditions are enforceable through copyright law.

Patents, copyrights and the like can be very confusing.  It may be beneficial to hire the help of an experienced professional.  If you would like to explore your options, call the patent lawyers of Williams Kherkher at 866.950.9000.

It seems that the presidential candidates are being scrutinized in the patent law world, perhaps not to the degree of the national media, but definitely with future legislation in mind.  In a guest article published earlier this month, a law professor out of Duke University has provided his commentary on the entire matter, communicating his distinct lean to one side. 

He states that while Senator McCain has been ignoring the hotly –debated issue of patent law reform, Senator Obama has articulated a position very early in the race, which is unusual for candidate running during a time when social, legal, and economic issues are sensitive.  He also believes that Obama’s position demonstrates a nuances understand of the debate, which will certain influence his presidential decisions.

 Patent law is very complex issue.  Sometimes dealing in these things requires the help of an experienced patent law attorney.  If you would like to explore your patenting options, call the patent law specialist of Williams Kherkher at 866-950-9000.

Some inventors might argue that the provisional patent application is a worthwhile stepping stone to the non provisional patent that gives you a one year grace period.  Within this period you will be able to test your product and do run preliminary tests.

This document functions as a priority filing, which means as an inventor you can claim priority to specific ideas submitted.  This gives you one year of light protection.

A provisional patent application is cheaper and doesn’t require all of the formalities of a standard utility application, which is based on the non obviousness or newness of a product.  However individuals seeking a provisional patent must still discuss their ideas with someone who is knowledgeable in the area of the product. 

Patent law can be quite complicated though.  It may be beneficial to contact a patent lawyer to help you with the entire process.  Call the patent law attorneys of Williams Kherkher at 566-950-9000.

The University of Texas sued a number of different technology companies based on a cell phone technology that recognizes words that user might try to communicate with through text. 

The technology works in a very peculiar way.  According to the briefing, a user may try to type in a word using the number key pad.  This method allows for a certain degree of ambiguity on the part of the device anticipating the needed or desired word.  The reason for this is that for each number there are four corresponding letters.  Thus a four-letter word like ‘help’ may have several different combinations but only one of them is consistent with the desired result.

The product then cross references the typed-in message to a stored database of English-language words.  The University of Texas claimed patent infringement and lost due to an inadequate claim construction.

Litigating a patent can be quite taxing and time-consuming.  The proper help of an experienced attorney is highly recommended.  If you would like to explore you legal options, contact the patent law specialists of the Williams Kherkher firm by calling 866.950.9000.

Recently, in the patenting world, the definition of obviousness in the consideration of patent has begun to change.  In the past, obviousness was determined on the basis of teaching, suggestion and motivation as prerequisites.  If the inventor somehow showed through his prior experience and knowledge that the creation he came up with would be the logical next step, it would in certain instances be reported as obvious.

The statutes for obviousness definitions have since changed.  Now a secondary consideration for obviousness is being used.  This deals with the concept of simultaneous invention.  A simultaneous invention deals with the number of people, working independently that are all capable in skilled in their field, who have come up with the same invention not long after an enabling technology has developed.

These concepts can be quite complex.  For this reason, it is very important to consult with your patent lawyer before proceeding with formalities.  For more information, contact the patent law specialists of the Williams Kherkher firm at 866.950.9000.

Nintendo has however repeatedly stated that they did not infringe on the patent in question.  They maintain that their most recent game console, the Wii, does not utilize this technology.  Unfortunately the US District Judge who presided over the case has not only rejected Nintendo’s bid to overturn the $21 Million lawsuit, but he has said that he will ban the sale of all products involved.

Nintendo has appealed to a higher court, as the ban is current on hold.  Microsoft recently settled a lawsuit similar to this situation not long before.

This case is an illustration of how patent law can impact not only the bottom line, but also millions of consumers who enjoy purchasing a particular product or service.  If you would like more information regarding patent law, contact the patent law specialists of the Williams Kherkher law firm by calling 866.950.9000.

Despite the attractiveness of the idea, less time and effort spent on boring paperwork, the act might actually be illegal.  The legality of the matter depends on the nature and amount of information that is being exported abroad for the preparation of patent applications. 

If an individual or company would like to receive clearance for the exportation of subject matter or information, they must contact the Bureau of Industry and Security at the Department of Commerce. 

Patents are serious business, as they can determine the difference between making one dollar or one million.  It is always advisable to speak with an adequate patent lawyer about sensitive information.

For more information, call the patent law specialists of the William Kherkher law firm at 866.950.9000.