Business Litigation

What Is Patent Infringement?

Patents are granted to protect the rights of inventors and businesses that create unique and useful products for society. However, there are times when others infringe on a patent, and patent holders may pursue legal action against another entity for patent infringement. This could result in monetary damages being awarded to the patent holder or an injunction being ordered against the infringement. Patent Infringement Litigation Basics When patents are issued by the U.S. Patent and...
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What Is Fair Use Law?

The “fair use” law (the “doctrine fair use,” “the fair use doctrine,” etc.) is the law that allows for parts of a copyrighted work to be used without the permission of the owner. Fair use is a common defense to copyright infringement lawsuits or accusations. If successful, a fair use argument means that unauthorized use of copyrighted material is excusable so long as it falls under the “principle of fair use.” We can turn to...
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What Is a Patent?

A patent is a right granted to the inventor of a product by the government that permits the inventor to prevent others from making, selling, or using the invention for a specific period of time. Patents are incredibly important, and the patent system was designed to encourage individuals and companies to create inventions that are useful and unique to society. Patents are so important that Congress was given the power to grant them by the...
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What Is a Trademark?

Trademark protections are available for various names, devices, words, or symbols that can be used in connection with a service or good. Additionally, there are certain marks that are associated with a service, and these will be called “service marks.” However, “trademark” is the common term used to refer to marks associated with both goods and services. Trademarks are designed to allow companies and individuals to distinguish themselves from others in the industry and to...
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What Is a Copyright?

Copyrights are forms of intellectual property protection that find their basis in the Constitution of the United States and granted under the law to protect original works of authorship. This includes both published and unpublished works. There are various categories of works that can be protected by copyright laws in the US, including movies, software, literary works, paintings, live performances, photographs, and more. Here, we want to provide a brief overview of what a copyright...
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