Premium Essay

Intellectual Property, Patent Infringement, Presumption of Validity, Burden of Proof

In: Other Topics

Submitted By oo0x2
Words 2545
Pages 11
Intellectual Property, Patent Infringement, Presumption of Validity, Burden of Proof
Ken

Intellectual Property, Patent Infringement, Presumption of Validity, Burden of Proof According to the case, Microsoft Corp. v. i4i Limited Partnership and Infrastructures for Information, Inc. (10-290) (2011), Microsoft was sued by the software entity i4i Limited Partnership and Infrastructures for Information Inc. The company alleged that i4i’s patent was infringed by Microsoft Word’s XML processing and editing functionalities (Microsoft Corp. v. i4i, 2011). Meanwhile, Microsoft put forth a counter lawsuit, challenging the patent registered by i4i was invalid under the on-sale bar provisions because the technology was sold more than one year before the patent was formally applied (Microsoft Corp. v. i4i, 2011). The software entity i4i Limited Partnership and Infrastructures for Information Inc. (henceforth referred to as "i4i"), is a computer software company that specializes in designing and selling computer software. In June 1994, i4i applied for a patent covering its innovative technology that enables the manipulation of the structure and content of an electronic document. This technology is commonly known as "markup language," and more specifically allows the placing of tags to facilitate the manipulation. One specific markup language, known as XML, allows users to customize their own tags. The overall entity of the document’s structure and tags is known as the "metacode." I4i subsequently applied and attained the necessary patent for this technology, legally referred to as the 449 patent (Microsoft Corp. v. i4i, 2011). In 2003, the petitioner of this case, Microsoft, began releasing versions of its Word program that provided the capabilities of editing XML. Therefore in 2007, i4i sued Microsoft because the XML functionality of Microsoft infringed…...

Similar Documents

Premium Essay

Intellectual Properties

...• The intellectual propriety refers to the creations of mind such as names, inventions, artworks, literary works, music compositions, and commercial designs. There are two major categories of Intellectual Propriety (IP): 1. Industrial Propriety: trademarks, inventions (patents), and designs, etc. 2. Copyrights: musical works, novels and books, photographs, movies, etc. Intellectual propriety rights (IPR) grant the holders to exercise a monopoly on the use of product/creation/idea for a limited period of time. For most of companies, IPR is the only way to protect their products and compete in the worldwide market. Same as the companies, IPR encourage inventors to develop new technologies and ideas. • IPR infringement has reached a critical level in many countries. The sectors mostly hit by this phenomenon are software houses, luxury companies, music/movie industries, and pharmaceutical products. Illegal downloading of software, music, movies, and imitations & counterfeit products became one of the biggest problems for all these sectors which lead to large loses in terms of income. • The countries most affected by IPR infringements are China, North Korea, Russia, Brazil, and India. According to the Business Software Alliance, in China, 79% of the software and 85-90% of music records have been pirated. Issues: • There are two major problems related to IPR infringements for the companies: the loss in income and the loss of reputation/image. • The piracy......

Words: 661 - Pages: 3

Free Essay

Intellectual Property

...Intellectual Property Overview© Patents, copyrights ,and trademarks are all examples of protections of intellectual property (IP) Intellectual property has many definitions, but is usually considered to be information having commercial value and original products of the mind. Intellectual property isn’t tangible, but can be protected by the law. Intellectual property is not an item that was invented, but the thought process and plans that allowed the item to be invented and manufactured. Intellectual property is not the clothing that is sold in stores, but rather the brand name that represents the quality and style of the clothing. Patent and trademark laws have been in effect in the United States for more than 200 years. The purpose of such laws is to promote science and the arts by allowing inventors and authors/creators exclusive use of their product for a limited time. The United States Patent and Trademark office (USPTO) is a federal government agency under the Department of Commerce, which examines and issues patents and registers trademarks. Protection under intellectual property laws is a mainstay of the United States’ economy and industry, allowing products to be invented, new uses to be found for existing products, brands to built, and jobs to be created. Patent is defined as an exclusive right to the benefits of an invention or improvement granted by the U.S. Patent Office, for a specific period of time, on the basis that it is novel —not previously known or......

Words: 538 - Pages: 3

Premium Essay

Burden of Proof

...Best Answer Answer Quite simply, criminal law deals with violations of statutory crime and its punishment, civil law deals with non-criminal things such as contracts/business, and things such as divorce, etc. You can be charged under both criminal and civil proceedings though. A perfect example is OJ Simpson being aquitted of criminal charges but being found guilty in civil proceedings. Probably the biggest difference between the two is what is called "BURDEN OF PROOF" In criminal proceedings the burden is "BEYOND ALL REASONABLE DOUBT" for someone to be convicted. This means that the evidence points substantially towards guilt and there is little to no question of guilt. For a jury in this case you would need everyone in agreement or the case is a mistrial. Unaminity is the key. In civil proceedings all that is required is "preponderance of evidence" which means that if it is found that it was more likely than not that an incident occured then you can be convicted. This kind of proceeding is really a "who has the best evidence" type of case. Only a majority of jury members decision is needed in this case. ANSWER 2 1. Criminal Law cases must prove the person's guilt beyond reasonable doubt, whilst civil cases must be proved on the balance of probability 2. The main difference however is who the law is aimed at. Theoretically criminal law is a considered to be harming all members of society. Consequently, the victim of the criminal case is all of......

Words: 520 - Pages: 3

Premium Essay

Intellectual Property

...Intellectual Property Intangible rights protecting the products of human intelligence and creation, such as copyrightable works, patented inventions, Trademarks, and trade secrets. Although largely governed by federal law, state law also governs some aspects of intellectual property. Intellectual property describes a wide variety of property created by musicians, authors, artists, and inventors. The law of intellectual property typically encompasses the areas of Copyright, Patents, and trademark law. It is intended largely to encourage the development of art, science, and information by granting certain property rights to all artists, which include inventors in the arts and the sciences. These rights allow artists to protect themselves from infringement, or the unauthorized use and misuse of their creations. Trademarks and service marks protect distinguishing features (such as names or package designs) that are associated with particular products or services and that indicate commercial source. Patent A patent secures a sole right for a limited period of time to prevent others from using the invention commercially. This sole right represents a key competitive advantage and serves to protect the assets produced by corporate research and development. The actual drafting of a patent application is decisive for the extent of the protection obtained. We possess expertise in all fields of technology. Trademark A trademark often represents a substantial asset and......

Words: 309 - Pages: 2

Premium Essay

Intellectual Property

...2013 Mr. Drell Intellectual Property Since the beginning of time people have put their knowledge and creative to use to design all sorts of products. Since then, the creators have worked to protect their creations and ideas from others who want to take them. Creators have gone to great measures to protect their works. One famous, extreme case of this is of Shah Jahan, the emperor who built the Taj Mahal. Folklore has it that the emperor had the hands of his craftsmen cut off so that they could never create another monument such as that one. In today’s world we have laws to protect all types of intellectual property. Intellectual property is divided into four parts: patents, copyrights, trademarks, and trade secrets. A patent is defined as a government authority to an individual or organization conferring right or title, especially the sole right to make, use, or sell some invention. It grants property rights on inventions and excludes those other than the patent holder from making, selling, or using the invention. There are three types of patents: utility, design, and plant. A utility paten is the most common type and covers any process, machine, article of manufacture, or composition of matter. A design patent covers any new, original, and ornamental design for an article of manufacture. A plant patent covers any new variety of asexually produced plant. A design patent lasts 14 years while a utility or plant patent lasts 20 years. To obtain a patent, the......

Words: 2048 - Pages: 9

Premium Essay

Intellectual Property

...Intellectual Property Stephanie Brandon MGT320 The Legal and Ethical Environment of Business Dr. Rogers November 10, 2013 Abstract This will be a short essay describing intellectual property (IP). The writer will explain the need for protection and ethical issue that may arise when IP is involved. Intellectual Property A thought or an image made into a creation others to use is a fitting description for intellectual property (IP). Just as any other property, IP needs protection from the evil of the world. Unfortunately, there is always someone waiting to profit from another person’s hard work and dedication. In order to protect IP the law provides patents, copyrights, trademarks, as well as trade secrets. Some people believe that providing protect creates a monopoly and want to shorten the term, in which a product is protective. The law benefits the creator and the consumer; it does create a monopoly but only for a short time in order for the creator to profit. Once the term of protection expires the consumer can then take the product and make improvements and even buy it cheaper. Without protection people would choose not to share their creation or invention, which would cause poor economy growth. Due to the laws of protection for IP, many lawsuits are filed each day. These types of lawsuits could last for years. A lawsuit that has lasted for a few years is Apple Inc. vs. Samsung; the lawsuit between the two electronic companies began in April 2011.......

Words: 731 - Pages: 3

Premium Essay

Intellectual Property

...collaborated to copy their university's digital library and make it available to each of the five universities. The judge in the university case cited fair use, and exonerated the individuals from copyright infringement. LEGAL ISSUE The main legal issue in this circumstance is copyright infringement. According to copyright law, an author is the creator of the original expression in a work, and the author is the copyright owner (Copyright.gov, 2014). In order to publish, copy, or redistribute a copyrighted work, the publisher needs to have a written agreement from the author. The Author's Guild claims that Google did not have written permission to duplicate any of the books on its Google Books site, and is violating copyright law. The fair use precedent that the judge declared in the university case could be helpful to Google in this lawsuit. Fair use is determined by four factors that include, the purpose and character, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for, or the value (Copyright.gov, 2014). The gray area between fair use and copyright infringement is hard to determine, because there is not a limitation on the number of words that can be used before copyright infringement occurs. The context in which Google is using the books for, could indeed be cited as fair use. MANAGERIAL PERSPECTIVE Discuss how the legal issues affect business. For example,......

Words: 1061 - Pages: 5

Premium Essay

Intellectual Property

...Intellectual Property 12/05/12 Music Piracy in the US Counterfeit, piracy, bootleg, or stealing, these are some of the many terms associated with the unauthorized dissemination and distribution of copyrighted music. For over five decades, the music industry in the United States has had to grapple with the effects of such activity. The Copyright Act of 1909 was the first granting exclusive rights to copyrighted music. The Berne Convention for the Protection of Literary and Artistic Works was created in 1886 and governs international copyrights. As technology evolved, the music industry was altered in profound ways. Globalization has created a smaller world where information and goods are shared at a pace faster than ever before. With this vast advancement in technology, the way society accesses and purchases music has created a whirlwind of problems for the music industry. New innovations have pitted a war between the new generation and the music industry; each blaming the other for the ills created. There have been many debates in the legal arena as to just what is “legal” when it comes to modern digitalized music. Where are the lines drawn? Can there be compromise, or must the music industry engage in a complete overhaul and settle for fewer profits? The answer is as varied as the very music that is at the center of debate. If one were to look back at the history of music players, we would end in 1877. It was that year that Thomas Edison first invented the......

Words: 3117 - Pages: 13

Premium Essay

Intellectual Property

...Intellectual Property and Copyright Infringement Laws Kaplan University November 7, 2014 Numerous organizations utilize cost management (CM) strategies in various ways. For instance, CM strategies are utilized when planning to implement new tasks, as a business model and to perform daily business transactions. During the planning stage, the costs are applied to the task and management must approve the costs before completing the tasks. Once all the costs are calculated, recorded and management approves the process; they continuously observe the project and the cost to ensure the strategy is in accordance with the CM strategy. On the other hand, once the task is completed to fulfill the business goals, the cost that were predicted are evaluated against the actual costs. The CM strategies will help keep the company’s budget under control to increase profitability at the same time. It is also imperative that organizations use a cost management strategy that will fit with the business requirements and processes before deciding to implement new projects. Organizations implement cost management strategies by creatively thinking of methods that will help the company maintain a competitive advantage and to meet consumer demand. Unfortunately, some cost management strategies may cause implications to arise when an organization increase production investments or violate several ethical laws. Some implications that may arise involve an increase in supply costs, the......

Words: 588 - Pages: 3

Premium Essay

Burden of Proof

...result of c as well * Proof of acts * How do we prove things * Presumptions in law are set in hundreds of years of legal precedents * The party that has the burden of overcoming the presumption of that law has the burden of proof * At common law over the course of 300 years, three burdens of proof evolve. * The Default Position: * When in doubt, this is the burden of proof * Preponderance of the evidence * More likely than not * Whoever has the burden of proof, has the obligation to present anything over 50% * Ex: * Two people suing each other in a car accident * Person files compliant, other files counter, both have the burden * Have to prove the other ran the red light * Joint whiteness says that the traffic signal was working so someone did run the light * Person A has 17 witnesses that says B ran the light * B has 3 witnesses * From a quantitative basis, there is no question here * A has proven that he has the greater weight * B has someone that doesn’t know either party * Evidence is the default burden of proof * If a jury decides the evidence is even, whoever has the burden of proof loses. * Common law begins to realize that in some situations for a variety of reasons, there is a difference in the qualitative nature in the presumptions of law. *......

Words: 625 - Pages: 3

Premium Essay

Intellectual Property

...Intellectual Property: A Fight for Ideas Park University Intellectual property as defined by the Stanford Encyclopedia of Philosophy “is generally characterized as non-physical property that is the product of original thought” (Moore). According to the World Intellectual Property Organization “the rights in relation to: literary, artistic and scientific works; the performance of performing artist, phonograms and broadcasts; inventions in all fields of human endeavor; scientific discoveries; industrial designs; trademarks; service marks and commercial names and designations; and all other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields” ("Intellectual Property and Legal Services"). There is a distinct difference between traditional property laws and intellectual property laws. Property laws would give rights to the sole owner of an object such as a car. When the owner is driving the car no one else can drive the car. In regards to intellectual property the law allows other individuals to make use of the idea or invention as long as they have met the requirements, usually in the form of payment for the right. The idea of protecting one’s ideas has deep reaching roots that stretch back to the 17th century. Philosopher John Locke promoted intellectual property law with his idea “that a person should enjoy the fruits of his labor” ("Intellectual Property and Legal Services"). Protection for ideas were spread throughout......

Words: 2008 - Pages: 9

Premium Essay

Intellectual Property

...best practices. My understandings of the issues are documented below. Please be prepared to clarify any misunderstandings I may have during our meeting next week. Issue 1. Types of intellectual property applicable to e-business Wikipedia (2006) describes intellectual property as ¡§a legal entitlement, which sometimes attaches to the expressed form of an idea, or to some other intangible subject matter. This legal entitlement generally enables its holder to exercise exclusive rights of use in relation to the subject matter of the intellectual property. The term intellectual property reflects the idea that this subject matter is the product of the mind or the intellect, and that intellectual property rights may be protected at law in the same way as any other form of property.¡¨ The main types of intellectual property are trademarks, patents and copyrights. Trademarks will protect our company brand, patents will protect the inventions and copyrights will protect computer software literary work etc. In addition, trademark law will protect business information of a confidential nature. As long as the company company continues to use the trademark, the rights will never expire unlike other intellectual property rights. According to Rudnick (2004), ¡§the most misunderstood intellectual property law risk concerns the copyright laws. Many information products and other materials available from websites are protected by copyright. This is the case irrespective of whether the......

Words: 1584 - Pages: 7

Premium Essay

Intellectual Property Rights

...G015 Joy Francis G017 Prateek Gupta G030 Intellectual Property Rights Intellectual Property Rights Contents Patents Act, 1970 5 Objective of the Patents Act, 1970 5 Types of patents granted in India 5 Inventions which are not patentable under this Act 5 Case Law – Novartis AC vs Union of India 5 Process of Obtaining a Patent 6 Form of Patent Application 6 Provisional and Complete Specification 7 Amendment of application and specification 7 Publication and Examination of Applications 7 Grant of Patent 7 Opposition to Grant of Patents 8 Provisions for Secrecy of Certain Inventions 8 Surrender and Revocation of Patents 8 Revocation of patent in public interest 9 Revocation of patent relating to atomic energy 9 Register of Patents 9 Rectification of Register by Appellate board 9 Register to be open for Inspection 9 Assignment of patents 9 Registration of assignments, transmissions, etc 9 Power of Controller of Patents 9 Power of controller in respect of evidence 9 Working of patents 10 Compulsory Licenses 10 Revocation of patents by the controller for Non-Working 10 Termination of Compulsory License 10 Use of inventions for Purposes of Government 10 Acquisition of Patents by Government 10 Suits for infringement of patents 10 Penalties 10 Patent Agents 11 Qualifications for registration as patent agents 11 Rights of Patent agents 11 Case Law: Revocation of Jamun patent 11 Copyright Act,......

Words: 12448 - Pages: 50

Free Essay

Intellectual Property

...considered as an important intellectual property (IP) asset. Trade-marks can also comprise the emblem (logo) of the company, the shape of an object, as well as a signature. Use of marks to indicate ownership of goods was particularly important for owners whose goods moved in transit, as those marks often allowed owners to claim goods that were lost. Producers often relied on identifying marks. Trademarks are often associated with a company's reputation or goodwill, and many companies have a brand name, which is associated with high quality etc. Different kinds of Trademark and Trademark symbols There are three basic types. Ordinary marks are words and/or symbols that distinguish the goods or services of a specific firm. Certification marks identify goods or services that meet a standard set by a governing organization. Distinguishing guise identifies the shaping of wares or their containers, or a mode of wrapping or packaging wares. TM for an unregistered trademark; SM for an unregistered service mark; for a registered trademark or service mark. Registration processes of trademark Trade-mark registration usually involves: A preliminary search of existing trade-marks; An application; An examination of your application by the Trade-marks Office; Publishing of the application in the Trade-marks Journal; Time for opposition (challenges) to the application; and Allowance and registration (if there is no opposition). INTELLECTUAL PROPRIETY The......

Words: 462 - Pages: 2

Free Essay

Research on Intellectual Property Right

...Research on Intellectual Property rightsBy Collins MerokaCollege | | Introduction Internet as seen in the present advancement in technology has brought myriad of achievements. It has further created a new world for online opportunities and challenges as well. In digital transmission of materials, protected work can be shared through the internet in one form or the other. These forms may include, but not limited to, music, still pictures, video clips and sound. With all these sharing, internet has become a common place to upload and download audio-visual materials like recorded films. Copyright is a common method used to protect ones production rights on a particular piece of material over the internet. In fact, the graph below shows that copyright infringement is the most common type of infringement; Figure 1: source; Canadian SME However, in peer-to-peer file sharing, most people infringe these rights and pass other people’s work as their own. In fact, IFPI states in their report that “the ease of access to music by means of illegal file sharing has damaged its perceived value to customers”. This has been a great challenge to music and film industry globally (Leyshon, A., 2003). For instance in the recent emergence of file swapping services that are based on the internet. These services include Napster that has allowed huge exploitation of recorded work without any little authorization of the users. Actually, this has been attributed to the slow rate of sales...

Words: 3326 - Pages: 14