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Patents

Preparing Deposition of Witnesses to Answer Patent Attorney Questions

Federal Rule of Civil Procedure 26(b)(1) permits parties, through their patent attorney, to obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense.  However, this permission includes boundaries for which a patent attorney cannot cross.  For instance, the Court can limit what the patent attorney may discover where the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the lawsuit, and the importance of the discovery in resolving the issues. Federal Rules of Civil Procedure 30(b)(6) provides a mechanism by which a patent attorney can depose corporations.  The corporation must designate a person or persons who consent to sit through a deposition to answer patent patent attorney questions.   The deponent has a duty […]

By |2023-01-09T04:55:18-05:00November 5th, 2013|Patents|Comments Off on Preparing Deposition of Witnesses to Answer Patent Attorney Questions
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Declaratory Judgment Act

Declaratory Judgment Act The Declaratory Judgment Act provides that in a case of actual controversy within its jurisdiction, any court of the United States may declare the rights of any interested party seeking such a declaration, regardless of whether or not further relief is or could be sought.  A defendant’s patent attorney that files a motion to dismiss under Fed. R. Civ. P. 12(b)(1) tests the subject matter jurisdiction of the court to determine […]

By |2023-01-09T04:55:18-05:00November 5th, 2013|Patents|Comments Off on Declaratory Judgment Act
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WHAT’S PATENTING IN FLORIDA #1

Who isn’t familiar with a t-shirt cannon and the advantages that it provides?  Before the t-shirt cannon, a cheerleader would hurl a t-shirt as far into the stands as she could.  However, even the strongest cheerleader had limited distance and accuracy, with many shirts traveling just a few rows up.  Then came the t-shirt cannon.  By modifying a paintball gun, cheerleaders can now launch shirts up to 500 feet into the stands. Inventors in Florida appear to be busy developing modifications to the well known t-shirt cannon.  In one particular example, a company modified the t-shirt cannon for delivering a life preserver.  The mechanics appear to be very similar to that of the well known t-shirt cannon. However, it has some interesting new features. For example, […]

By |2023-02-24T06:04:45-05:00October 28th, 2013|Patents, What's Patenting in Florida|Comments Off on WHAT’S PATENTING IN FLORIDA #1
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Extend Your IP Monopoly

Extending Your IP Monopoly Forever The way the laws are setup today, many businesses can effectively extend their rights in a design forever.  Patents laws were put in place to promote the disclosure of innovation.  There is also a competing theory that patent laws are in place to reward individuals for their commercial contributions to society.  In comparison, trademarks are […]

By |2023-01-09T04:55:20-05:00October 24th, 2013|Patents, Trademarks|Comments Off on Extend Your IP Monopoly
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Poor Man’s Patent

Myth of the Poor Man’s Patent With the frequency that potential clients ask me about the “Poor Man’s Patent”, I’m surprised that the “Myth of the Poor Man’s Patent” hasn’t been featured on Myth Busters.   The Myth goes like this: to prove that you created an invention, you should write down your idea and mail it to yourself.  The date stamp on the envelope will […]

By |2023-02-01T07:34:20-05:00September 26th, 2013|Patents|Comments Off on Poor Man’s Patent
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