Patent Litigation Lawyer

Inventors and organizations that have rights to inventions are selective about who they allow to have access to their ideas. Even with this level of protective ownership, there have numerous cases of companies that have outsourced the preparation of patent applications. 

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.

There are two cases being considered by some of the highest courts in America.  These cases may change the context of patent law for many years to come.  The most important case is In re Bilski, which will potentially clarify to what extent that a business method can qualify as being patentable.  The Bilski case involves a business method that employs hedge funds to prevent against losses in commodity trading.  Lawyers contend that computer software and software-implementation business models might be most affected by a change in the law.

The next case is that of In re Seagate Technology LLC, which has revised the test for “willful infringement.”  While the standard test was an “affirmative duty to exercise due care to determine whether or not [one] is infringing,” the new much higher and more difficult to prove standard will require the use of “objective recklessness.”

If you would like more information on how these potential changes in patent law might affect you, feel free to contact the patent law specialists at the Williams Kherkher law firm by calling 866.950.9000.

In the ever-more competitive world of business and manufacturing, the protection intellectual property has become even more difficult.  However, companies looking to gain a competitive edge in the market have found a loophole in the system that allows them to forego legal procedures.

Under normal circumstances, one company files a complaint against another, alleging that they have infringed on a certain patent.  At this point, the matter goes to court where the two entities duke it out.  However, if the patent involves a product that in manufactured abroad, the plaintiff can file an injunction with the International Trade Commission (ITC).  The benefit of this is that the ITC does not have to abide by the Supreme Court ruling that frowned upon sales injunctions.

Considering the globalized nature of business these days, the proliferation of these types of cases is more widespread than you might think.  For more information regarding patent law and patent litigation, call the Patent Law specialists of the Williams Kherkher law firm at 866.950.9000.