by Kathleen Lynch | Dec 2, 2015 | Innovation, IP Management
For years now western countries have been complaining about the lack of enforcement of intellectual property laws in China. Well, that may be changing if this recent case is any indicator. A Chinese company has recently sued Apple for patent infringement on a number of different patents it has amassed in its patent portfolio.
Chinese company BYD has sued Apple and five other companies in the Shenzhen Intermediate People’s Court for patent infringement related to the antennae in the iPhone 6 as well as other technology. BYD has asked the court to order Apple to stop manufacture and assembly of the iPhones as a result of the alleged infringement.
BYD has stated that it owns over 12,000 patents in China and roughly 8000 internationally. This infringement suit against Apple could be critical to Apple’s ability to manufacture phones and other Apple products in China. China is where a significant majority of Apple products are made. This action may seriously hamper Apple’s manufacturing and supply chain and may force it to diversify its manufacturing and assembly sites worldwide.
What’s the take away here? BYD has managed to create a significant patent portfolio and is positioned itself to challenge Apple. Any intellectual property portfolio must be managed in a strategic way so as to meet the business goals of the organization.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
by Kathleen Lynch | Nov 24, 2015 | IP Management
There was an interesting article yesterday in the Wall Street Journal about patent demand letters. These are letters sent alleging patent infringement and demanding a cessation in all infringing activity usually followed by a request for a payment. The author, Colleen Chien, proposes that sometimes the best thing to do is nothing at all.
The article discusses the tactics of patent trolls, competitors and “patent bullies” and how they may strategically pursue one or more parties for infringement. In some cases, where a patent troll or patent owner trying to test the waters may send out demand letters to obtain settlements from a number of parties. However, Ms. Chien also points out that there are times that a patent holder may want to litigate in an effort to obtain a large damage award in a jury trial.
One thing Ms. Chien doesn’t address is the merits of the demand letter. When you receive a letter alleging patent infringement, do the allegations have any merit? A “do nothing” response may set you up for a patent infringement suit that may have been avoidable.
What’s the take away here? You are better off having a patent demand letter reviewed by patent counsel to address the merits of the accusation. Then you can make an informed decision as to whether the substantive allegations in the letter deserve a response.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
by Kathleen Lynch | Nov 18, 2015 | Trade Secrets
Trade secrets are supposed to be just that-secret. Trade secrets should be protected through agreement, limited access, marking as such. All of these efforts are adopted with a goal to keep proprietary information away from competitors. However, in one recent case, even though a company had gone through all the measures described above, the court still ruled them as no longer being secret.
In Fleetwood Packaging v. Hein, Fleetwood accused a former employee of its parent company, Signode Industrial Group, of stealing company trade secrets along with several important customers. The former employee had been discovered to have downloaded company confidential information, including contribution reports which included pricing information, and discounts. The court found the Fleetwood had attempted to protect its contribution reports through the execution of confidentiality agreements, limiting employee access to information and marking appropriate documents confidential. However, Fleetwood was also found to have shared this information with its customers! Because the customers were not part of Fleetwood any trade secret protection available was negated and the cause of action related to those reports was dismissed.
What’s the take away here? Treat your trade secrets as such-secret. Don’t share them with your customers or anyone else outside of your organization with a properly executed confidentiality agreement. Limit access to your proprietary information and monitor the access to detect any sudden and unauthorized or unnecessary downloads. In addition, be sure to mark all appropriate documents, including things such as white boards, demo products, etc. as “proprietary” or “confidential.”
Protecting proprietary information is critical to any organization. Having the right person to help you make those decisions is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
by Kathleen Lynch | Nov 10, 2015 | Trademark Service Mark
Are you a high school with an offensive mascot? If so, Adidas will help you rebrand a new one. In the wake of the Washington Redskins trademark registration refusal based on offensiveness, Adidas has offered to cover the costs of any high school wanting to adopt a new mascot.
Adidas has offered to give high school and colleges that have offensive mascots the opportunity to select a new mascot and launch a rebranding campaign. Several universities have either changed mascots or sought approval from the tribes associated with the mascots. Florida State Seminoles and the Utah Utes have obtained approval from the respective tribes to continue to use the mascots. While the North Dakota Fighting Sioux and Arkansas State Indians have changed their mascots.
It is a win for Adidas as the world’s second largest sporting goods manufacturer as it provides them with a way to show their commitment to a good cause and create goodwill in their brand. Apparently others agree. On the day of the Adidas announcement, their stock rose by 8.6 percent.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
by Kathleen Lynch | Nov 3, 2015 | Innovation
Drug manufacturers are trying to speed up the process from drug development to full scale manufacturing in areas such as China. General Electric is helping by literally shipping ready-made factories right off the shelf. The video of the development can be seen here.
In September, GE shipped its first pre-fabricated biopharmaceutical factory from Germany to China. The building was made up of 62 containers. Once it arrived, the factory was assembled and built in 11 days.
GE states that the one single manufacturing concept can be replicated around the world with the use of the pre-fab factory concept. The advantage of this system enables highly specific and complex machinery to be preinstalled. This enables the assembled factory to take advantage of world class expertise in a multitude of professions without getting on a plane.
These GE prefab factories are sold under the mark “KUBio”. The demand for additional pharmaceutical and biotechnology manufacturing facilities, as well as other industries, could increase demand for these prefabricated manufacturing facilities. GE submits that the costs to make and assemble the prefab factory can reduce overall construction costs by 45%.
The prefab factories are designed and built to be identical anywhere in the world. So if you were to assemble one in China it would be the same to one in Switzerland. That’s good news for the pharmaceutical inspection process as well.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
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