by Kathleen Lynch | Aug 6, 2015 | Entrepreneurship, Innovation, IP Management, Patent Prosecution
(I have to admit I picked this case in part on the name, Fuzzy Babba. )
Walmart sells a similar fuzzy slipper under the mark “Fuzzy Babba™.” Buyer’s Direct sued Walmart and others for infringing their design patent directed to a slipper that Buyer’s Direct sells under the mark “Snoozies”. In their defense, Walmart and others claimed that the patent was invalid because it was an obvious variation on slipper designs in existence at the time the patent application was filed.
A Federal District Court in New York City found in favor of the accused infringers, Walmart, Sears and High Point Design. The court found that the differences between the design patent and other slipper designs were obvious variations and that the patent was invalid.
What’s the take away here? Be very sure of the strength of your patent when you assert it against an alleged infringer. The first defense is often an attack on the patent itself. If the accused infringers prevail, your patent may be invalidated and any rights associated with it are lost.
Advising on intellectual property issues 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 | Jul 29, 2015 | Innovation
I recently came across an interesting article in the Economist on the way in which inventions are developed today and in the past. It raises some intriguing points on how developments are handled today, as well as some insights regarding the scope and breadth of innovation over time.
by Kathleen Lynch | Jul 20, 2015 | Patent
Patent trolls are a term used to a patent owner or licensee that seeks payment from companies allegedly infringing on the troll’s patent rights. Rather than fight the allegation, the company complies with the troll’s demands. The patent troll typically sends out multiple letters and thus may amass a considerable fortune.
Many companies are growing tired of the patent trolls and their seemingly unjust demands. To counter the trolls, many states have or are in the process of enacting anti-troll legislation. Florida, for example, recently passed a law that seemingly protects businesses from the demands of the patent trolls. The law enables a company to sue a patent troll for sending a letter in bad faith. The law includes a “loser pays” provision meaning that if the patent troll loses the action in court, they will need to pay the attorney’s fees for the opposing party as well as any damage award.
What’s the take away here? Well, patent troll legislation may be needed. However, the language and provisions need to be drafted in such a way that does not create more problems than the problems they are designed to fix.
Identifying, protecting and asserting your intellectual property rights is critical to any organization. Having the right person to help you through the process 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 | Jul 14, 2015 | Innovation
A California jury awarded a cardiologist $200 million dollars against Boston Scientific. The jury heard the patent infringement and licensing lawsuit filed by Dr. David Jang who developed two cardiac stents for Boston Scientific. The jury found in favor of Dr. Jang and awarded him $200 million dollars in damages. The jury determined that the medical device company breached its contract with Dr. Jang and infringed two patent claims.
In 2002, Dr. Jang licensed two stent patents to Boston Scientific in exchange for $50 million upfront and an additional $110 million contingent on sales of stents that incorporate his patents. In 2005, Dr. Jang sued Boston Scientific for breaching the license agreement and claimed that Boston Scientific failed to make payments required by the terms of the agreement. Dr. Jang alleged the company owed him just under $100 million for using his patented products, and with interest at about 12 percent a year, would bring that amount to more than $200 million.
What’s the take away here? First, a patent is only as good as your ability to enforce it. Here, the good doctor was able to stand his ground against a large opponent and prevail. Second, your ability to prevail in an infringement action may take longer than you would ever want. But patience may be a virtue in patent infringement actions, especially if the facts favor your cause.
Protecting your innovative developments is critical to any organization. Having the right person to help you through that process 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 | Jul 7, 2015 | Entrepreneurship, Patent Prosecution
As we all head outdoors for summer activities and vacations, I thought I’d take a look at some recent summertime inventions that caught my eye. The first is a “Flying Insect Repelling Hat”, US Publication No. 2015/0143612. The hat includes a series of solar operated fans located along the brim and pointed toward the user. The solar panel is located on the top of the hat. The air movement powered by the fans keeps those pesky insects at bay.
Another is the “Turtle Friendly Beach Cleaning Device,” US Publication No. 2015/0144362. Who knew that sea turtles and their hatchlings struggle with sand that is rippled or raked? Now there is a device that cleans the beach sand but leaves the sand relatively flat which enables the turtles and hatchlings to make their way up and down the beach.
Last but certainly not least is the “Interlocking Swim Noodle,” US Publication No. 2015/0118927. These swim noodles have a cross-sectional shape that looks something like a jigsaw puzzle piece with recesses and protrusions. The recess of one noodle is sized and shaped to receive the protrusion of another noodle. With enough noodles you can build a giant noodle fortress and rule the pool!
If you have a summer time invention, identifying and protecting it is important to its commercial success. Having the right person to help you through that process can make all the difference. 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].
Happy summer!
