Imagine That IP Law Blog

The ongoing pandemic has wreaked uncertainty for many businesses. Forecasting expenses and costs, especially in the research and development areas, has become more difficult. In the intellectual property world, opinions of counsel on patentability, infringement, clearance, and validity are often overlooked as tools to control budgets and forecast spending. While each of these opinions will necessarily require upfront costs, the information they provide often yields tangible cost savings resulting from a more focused research and development effort. This article ... Read More ›

Intellectual property (IP), like other forms of property, is an asset that can be subject to contractual obligations and agreements between multiple parties. Due to the unique nature of IP as compared to physical assets, the provisions governing IP agreements also have unique characteristics. Parties to these agreements must take special care to ensure that the scope of the agreements are clearly defined, in addition to making each party’s obligations explicit. IP agreements can come in a variety of forms, such as license agreements, assignment agreements, and joint ... Read More ›

The requirements for ownership of a patent and the right to bring suit for the enforcement of the patent would seem to be well settled in patent law. As demonstrated in the recently decided Federal Circuit Court of Appeals (Case 2019-2244), AntennaSys, Inc. v. AQYR Technologies, Inc., et al., overlooking the ownership or enforcement requirement can result in wasted time and cost for the litigants and frustration for the courts. This article raises awareness of the nuances of ownership and enforcement rights in the hope of avoiding the cost and frustrations for all involved.

The ... Read More ›

For many of us, New Year’s resolutions typically involve various forms of self-improvement, such as dieting or getting to the gym.  Just as individuals adopt personal New Year’s resolutions, it is important for companies and business to set goals that improve their competitive fitness in the upcoming year.  One way to improve a company’s well-being is to ensure that its intellectual property assets are being protected, maintained, and properly leveraged.  Since intellectual property is not tangible, it can be overlooked particularly by companies that focus on physical and ... Read More ›

Every aspect of day-to-day life is increasingly influenced by artificial intelligence and automation. Mundane household tasks such as setting the temperature on thermostats, brewing a pot of coffee to coincide with our morning routines, and other simple chores can now be performed by automation. (Google’s U.S. Patent 9,513,642: “Flexible functionality partitioning within intelligent-thermostat-controlled HVAC systems” and General Electric’s U.S. Patent 4,330,702: “Electronic control system for coffeemaker”).

Recently, more complex and ... Read More ›

Copyright protection is an often overlooked component of an intellectual property portfolio.  However, it is important to consider pursuing copyright protection in order to provide a more robust intellectual property portfolio.  Given the relatively low costs to acquire a copyright registration and the ability to collect statutory damages, pursuing a copyright registration can prove to be a worthwhile expense.  Although copyright registration is often a relatively simple process, there is an ongoing split among various circuit courts as to the effectiveness of a pending ... Read More ›

Designers of haute couture fashion have long been troubled by the inability to protect their designs, and the speeds at which designs can be copied now have added to their frustrations. The root of the problem for many years was the U.S. copyright law, which was considered to prohibit enforcement of a copyright in wearable fashions. The Copyright Act, 17 U.S. C. Section 101 et seq., limited copyright protection for “pictorial, graphic, or sculptural features” of “a useful article” to features that “can be identified separately from, and are capable of existing ... Read More ›