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The Five Steps to Prevent Intellectual Property Theft

If you’re wondering how to prevent intellectual property theft, you are not alone.  As with any other type of property, intellectual property (IP) is an extremely valuable asset for many businesses. Thus, it’s important to take precautions in an effort to protect your IP.  Of course, no amount of preventative action can ensure that bad actors won’t attempt to...

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What Is Contingency-Fee Patent Litigation?

Contingency-fee litigation at Polasek Law Firm serves to aid clients in pursuing patent litigation that they might otherwise not be able to afford. For many small businesses and companies, patent litigation is too expensive to pursue. Contingency-fee litigation is a cost-effective means for small businesses and companies to receive skilled counsel and defend their rights in intellectual property lawsuits....

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Trademark vs. Copyright—What Is the Difference?

I frequently receive calls from potential clients seeking to protect their brand or a writing, but unsure whether they need to file a trademark application or obtain a copyright registration.  What is the difference between trademark and copyright law? In fact, they are distinct from one another in several different ways. In a nutshell, a trademark is a word,...

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What Is the Process of Copyright Registration?

What is Copyright Registration? From the moment you create an original work, you have an exclusive intellectual property right to make copies of your work. This is known as copyright. This right exists regardless of whether you publish your work or register it with the federal government. However, there are many benefits to registering your copyright with the U.S....

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What Is an Intellectual Property Lawyer?

An intellectual property lawyer is a lawyer who helps people register, protect, and make money from their unique ideas. The United States prides itself on ingenuity and innovation. Accordingly, multiple protections are available to those who invent and create. Despite these protections, the IP Commission reports that pirated software, counterfeit goods, and trade secret theft cost the U.S. economy...

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What Does an Intellectual Property Lawyer Do?

Intellectual property lawyers focus on helping you protect and profit from your ideas and creations. Intellectual property, or IP, plays a huge role in the United States economy. According to a report by the U.S. Commerce Department in 2016, IP-intensive industries account for 38.2%, or $6 trillion, of the United States? gross domestic product (GDP) and support at least...

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US Supreme Court Allows Recovery Of Lost Foreign Profits

In WesternGeco LLC v. ION Geophysical Corp, decided today, the U.S. Supreme Court held that 35 U.S.C. Sections 271(f)(2) and 284 allow a patent owner to recover damages in the form of a reasonable royalty and lost foreign profits for patent infringement. In this case, the defendant manufactured the components in the United States, but then shipped those components...

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Pick Your Registered Agent Carefully

Domestic companies incorporated in the state of Texas (and other multi-judicial district states) accused of patent infringement have an additional tool in their venue arsenal. The Federal Circuit ruled last week in In re BigCommerce that a domestic company incorporated in a state having multiple judicial districts (such as Texas) resides for purposes of the patent venue statute only...

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Foreign Companies Are Subject to Patent Infringement Lawsuits In Any Judicial District

Subsequent to the Supreme Court’s ruling in TC Heartland, some foreign corporations were advancing the contention that the venue for patent infringement lawsuits naming them as a defendant was not proper in any court in the United States. Today, the Federal Circuit addressed that contention in In re HTC Corporation, ruling that foreign corporations are subject to suit in...

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How much Detail Is Required from Patent Owners To State A Claim for Patent Infringement?

The Federal Circuit’s opinion in Disc Disease Solutions Inc. v. VGH Solutions, Inc. et. al., handed down on May 1, 2018, may very well change the specificity that patent owners and patent attorneys provide in filing a lawsuit to enforce their intellectual property rights. It suggests that, at least for simple technology, there is not much difference, if any,...

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