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Patent Infringement

Territorial Limits of Patent Law

Patents are generally believed to be the most territorial form of intellectual property.  However, with the modernization of the world economy, there is a strong push against the traditional territorial limits of patent laws in the United States.

Patent infringement is defined by the statute in 35 USC. Section 271 (a) that provides: “Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.” Additionally, Sections 271(b) and 271(c) define indirect infringement, creating liability for contributing or inducing acts that constitute patent infringement in the United States. The terms “United States” and “this country” mean the United States of America, its territories, and possessions” [35 U.S.C 100 (c)]. 

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A Patent Suit Over Battery Life

Originally posted 2013-03-20 01:43:37. By Tasha Schmidt | amdlawgroup.com Patents can be complicated, as they might not hold up the same in every country. A company may have a patent on an innovation in one country, however, that patent may not be valid when being addressed in another country, depending on the patent and innovation. […]

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Apple Gets Baked With Lawsuit…Again

Originally posted 2013-03-18 17:08:48. By Kathleen Melhorn| amdlawgroup.com   A popular audio company by the name of THX is filing a lawsuit against the multinational electronics corporation for creating a speaker that has already been patented. THX created what they call the “Slot Speaker” back in the early 2000’s, and proceeded to patent the unique […]

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Nintendo Found Guilty of Patent Infringement

Originally posted 2013-03-14 18:32:46. By Tasha Schmidt | amdlawgroup.com In past blog entries, a case regarding glasses-free 3D technology was discussed on whether or not Nintendo was guilty of patent infringement against former Sony Employee, Seijiro Tomita. The jury ruled in the employee’s favor, and Nintendo is now ordered to pay $30.2 million in damages […]

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Patent Assertion and Patent Monetization

U.S based companies– Google, Blackberry, Earthlink, and Red Hat– gathered a note to the U.S. Federal Trade Commission and Department of Justice asking to monitor patent assertion and patent monetization entities that are interfering with the companies’ progression and development.

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Getting Serious About Intellectual Property

Originally posted 2013-03-08 22:33:42. By Tasha Schmidt | amdlawgroup.com Many people feel like Washington needs to give more attention and priority to intellectual property rights. Especially this time of the year as the Academy Awards has just happened, it seems like a good time of the year to recognize the billion of dollars that Hollywood […]

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A War Over Speakers

Originally posted 2013-03-18 18:31:37. By Tasha Schmidt | amdlawgroup.com THX Ltd., a company founded by the producer of “Star Wars,” George Lucas is suing Apple for patent infringement. The company claims that Apple stole their speaker system. This speaker system is currently being used in iPhones, iPads, and iMac Apple products. According to a complaint […]

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Infringement and Nintendo

Originally posted 2013-02-28 16:49:53. Tasha Schmidt, Staff Writer, AMD Law Photo courtesy of http://www.flickr.com/photos/jdhancock/7629235266/ I am sure many of you who play or have played video games do not think of all the work that goes into creating them. However, these inventors put a lot of work into their creations and it is understandable that […]

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Kaught Red Handed: Kardashians Sued for Stolen Name

Originally posted 2013-03-18 17:06:40. By Kathleen Melhorn | amdlawgroup.com   After adding an H in “Kroma”, the Kardashians are facing a multi-million dollar lawsuit over their new line of beauty products. In fact, a judge ruled that all of the products be removed from over 5,000 retail stores because of the brand theft. The sisters are […]

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Apple doesn’t make the same mistake twice (Kathleen Melhorn, Staff Writer)

Instead of facing infringement charges or risking winding up in court again, Apple filed seven trademarks this week. The patents Apple filed would protect the application icons in the new iPod Nano device coming out soon. A website called “Patently Apple” which focuses solely around Apple’s inventions, breaks down the entire file for the trademarks. Viewers are able to see all details down to the colors that they would like to own for the application icons.

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What Designers Need to Know About Trademark, Patent and Copyright

Originally posted 2014-03-17 21:36:04. Sindy Wenjin Ding  |  www.amdlawgroup.com Some people confuse the differences among trademarks, patents and copyrights. It’s fundamental for intellectual property rights owners, especially fashion designers, to figure out the similarities and differences among these kinds of intellectual property protection, and the different purposes each serves. I’ll explain each kind one by […]

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