Takeaway: If the district court denies your motion for summary judgment, ask it to allow you to appeal the decision right away If the case goes to trial, move for a judgment as a matter of law immediately after the plaintiff has presented its case in chief and then renew the motion at the end of the trial.
Takeaway: This case highlights the importance of adequately preparing trademark applications and appeals. Always seek the assistance of an experienced intellectual property professional to deal with the USPTO.
Takeaway: Reasonable royalty damages for patent infringement can be calculated as a percentage of a product’s sales price, but the damage award must be commensurate with the value of the improvement taught by the patent.
Takeaway: Do not delay in enforcing your intellectual property rights, as a delay in bringing legal action may lead to forfeiture of the right to seek equitable relief.
Takeaway: The USPTO has issued a rule that establishes confidentiality between patent agents and their clients.
Takeaway: Litigation financing may be an avenue to consider if you cannot afford to enforce your intellectual property through litigation.
Make sure that you have been transferred “all substantial rights” in a patent before you initiate a lawsuit. Receiving a license on the patent from a parent company is not enough, you must have rights to the patent directly from the entity that owns the patent itself.
Takeaway: A common law agency theory analysis applies to the safe harbor defense under the Digital Millennium Copyright Act.
Takeaway: In the world of intellectual property licensing it is important to obtain the proper intellectual property interest in the works that you are licensing or you may not have standing to sue.
Takeaway: A crude play depicting the well-known children’s story “How the Grinch Stole Christmas!” was found to be fair use of the original work.