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Patent Litigation

Tm Litigation

© Litigation

General

  Patent Search Engines Two terrific search engines are totally free and provide free copies.  Any patent litigation begins with analysis of the relevant patents and these are a great way to find them.

Google Patents | freepatentsonline

  www.uspto.gov the official website of the US Patent and Trademark Office, the basic information needed in all trademark litigation, the status of the marks in suit, are found here

 Copyright Office the official website of the US Copyright Office, which is part of the Library of Congress.

 BURDICK LAW FIRM Mr. Burdick is webmaster of this portal and is available for consultations or as an experienced litigator, mediator, arbitrator or expert witness

 Federal Circuit this is the site of the Court which is generally the last word on patent issues, since Supreme Court decisions on patent issues are extremely rare.

 15 USC 1125 False designations of origin, false descriptions, and dilution forbidden. the law of unfair competition, nearly always one of the counts in any complaint for trademark infringement

 17 USC 501 - Copyright Infringement  the basic statute under which copyright infringement is generally brought

 Experts (via law.com)

 Patent Infringement - Simplified Outline a particularly useful overview by our webmaster of patent litigation for the general practitioner or novice patent litigant or novice patent litigator

 15 USC 1116 - Injunctions Against Infringement

  Tasini

  St. Louis Law Firms a link to stltoday's list of  lawyers in a great American Midwestern City, the best baseball town in America and our Webmaster’s practice locale.

  35 USC 271 - Patent Infringement - the defining law

  15 USC 1117 - Recovery for violation of rights what a plaintiff can hope to recover in a successful TM infringement case

 Napster

 PTO Statistical Reports

 www.uspto.gov the official website of the US Patent and Trademark Office, the basic information needed in all patent litigation, the ownership, history and current status of the patents in suit, can be found here

  15 USC 1118 - Destruction of infringing articles.

Trade Secrets

 IPO Daily News

 Patent Insurance - Is It Worth It?  a useful article by our webmaster, which has become one of the most widely read article on patent insurance.

 

 The Uniform Trade Secrets Act - the defining law which is embodied in various forms in the trade secret laws of many states.

 Patent-L archives (LISTSERV)

 Separate Patentability Defense an article by our webmaster which is a rewritten and expanded version of an earlier article by Jeffrey Kuester of www.kuesterlaw.com

 

  A Link to A Comprehensive Site Explaining Trade Secret Misappropriation

 Electronic Evidence Discovery Firms

2008 Rankings of 20 Top EDD Firms

 Patentability Searches  in any patent litigation, patentability, validity, right to use, and patent invalidation searches are almost always a key investigative and preparative part of both plaintiff and defendant cases.

  Piperpat  the original and still probably the largest and most comprehensive worldwide online listing of patent agents and patent attorneys.

A second site explaining Trade Secret Misappropriation

 

 Patent Marking in accordance with the statute, marking or absence of such marking, can be a factor in what level of damages are available for infringement.

 

  

  Patent Valuation the analysis of a patent for purposes of valuation of that patent is important in licensing or assignment or in mergers and acquisitions, but is particularly important in patent litigation damage determinations.

 

 

 

   MPEP

 

 

 

 In Re Bilski The historic case currently pending before the Supreme Court of the US (SCOTUS) on the issue of whether method patents must be tied to a machine or must transform a tangible item.

 

 

 

 KSR v Teleflex The historic SCOTUS opinion on obviousness, the primary test for patentability.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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