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Thursday, September 24, 2015

If you are one of the many who believe that once a commercialized product holds a patent, it is completely protected from any infringement, you need to keep reading.  That’s because a product must be marked with the correct and active patent number to collect on past damages.  Unfortunately and all too often, that is not the case. 

Thursday, September 24, 2015

Patent law was conceived to spur innovation and incentivize original ideas. But in the age of technology, several factors have led to congestion of the court system, sometimes suppression of innovation and, in some instances, dubious assertions of patent infringement.  

Friday, December 6, 2013

Character assassination, reputation manipulation and intellectual property theft happen routinely on the Internet. They don't just happen in the movies. A recent case in a Virginia federal district court involves allegations of intellectual property theft and false information posted online. AvePoint, Inc. v. Power Tools, Inc. is a reminder to all companies that brand monitoring of Internet activities is vital for businesses that want to prosper in today's corporate world.

Tuesday, November 19, 2013

It is often said that you will know you have a really good idea when other people take it and use it as their own. Having someone steal your work is a compliment in its most offensive form. This holds true for patents, copyright, trademarks  and other intellectual property. It happens more often than you might think, but people don't always do something about it. Fortunately, the law recognizes that intellectual property theft happens on many levels and has safeguards in place for those who wish to pursue justice for these wrongful acts. 

Tuesday, September 24, 2013

The America Invents Act (AIA) was passed and signed into law in 2011, but many major provisions just recently took effect. This legislation has brought significant changes to the way the Board at the U.S. Patent and Trademark Office (PTO) hears cases. 

Tuesday, September 3, 2013

Last week the nation commemorated the 50th anniversary of the March on Washington for Jobs and Freedom, at which, in 1963, the Rev. Martin Luther King, Jr., delivered his famous “I Have a Dream” speech. The fact that we heard a lot about that speech, heard small quotes from that speech, but did not hear or see the entire speech played on radio or television, or transcribed in the newspaper, demonstrates a point about copyright law. 

Tuesday, July 9, 2013

The U.S. Supreme Court recently ruled that human genes cannot be patented, but that genetic material created in the lab is eligible for patent protection. In Association for Molecular Pathology, et al v. Myriad Genetics, Inc., the Court handed down a unanimous decision that naturally-occurring genes should remain in the “public storehouse of knowledge.” This decision is sure to have wide-ranging effects on biotechnology patent law in the days and years to come.

Tuesday, June 25, 2013

Two recent U.S. Supreme Court decisions highlight some of the nuances of intellectual property (IP) law. At first glance, they could seem like two different sides of a similar doctrine but, as in most aspects of IP law, the intricacies make all the difference.

Monday, June 17, 2013

When in patent or intellectual property (IP) litigation, under certain circumstances you might want to request a Special Master to help move your case along. What is a Special Master?  It’s someone who has expertise in IP law and is engaged by a court to assist in keeping the case moving or resolving issues unique to IP law. Usually the Special Master is able to give quick decisions, especially on pretrial motions and procedures.

Friday, May 10, 2013

Berenato & White, LLC attorney Joseph W. Berenato, III has been appointed Special Master pursuant to Rule 53 of the Federal Rules of Civil Procedure in Shire Development LLC, et al v. Osmotica Pharmaceutical Corp., et al, Case No. 1:12-cv-0904-AT, by the United States District Court for the Northern District of Georgia. 

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