Evaluation of intellectual resources
Before we further analyze Apple’s motion and the Court’s denial of it, we must first examine some of the tests and standards used in intellectual property law. These tests and standards are key to understanding the reasonable likelihood of success prong. For the reasonable likelihood of success on merits prong, Apple must demonstrate that it would be likely to prove infringement at trial and that Samsung would not be likely to prove invalidity at trial.
With respect to three design patents (D’677, D’087, D’899), the test for infringement asks: “would an ordinary observer perceive the design of the accuse device to be ‘substantially the same’ as the design of the patent? ” This ‘substantially the same’ (or substantial similarities) standard is met when “‘the resemblance [between the accused device’s design and design patent] is such to deceive such an observer, inducing him to purchase one supposing it to be the other.’” Court Order Denying Motion for Preliminary Injunction at 24. With respect to software patent ‘381, Apple must prove likely infringement of at least one the claims of the ‘381 patent. A patent claim is infringed if the accused device reads on every element of the claim.
Source: Emergency Business Litigation
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Preparatory to Porto Alegre
Compiled from diverse email and radio interviews in the week before the World Social Forum in Porto Alegre
Why have you decided to participate in the WSF? What do you think of it?
Two meetings are taking place pretty much at same time. One is the Davos meeting of 'the masters of the universe,' to borrow the term used by th...its programs for militarization of space as necessary to protect US commercial interests and investments, pointing out -- accurately -- that in the past armies and navies were developed for the same purposes. The relations of the Bush administration with this sector are somewhat different than that of other presidents, but not much. All are committed to the same basic objectives of global contro
Props to Intellectual Property — E-Commerce Times
Let's estimate this using the most inclusive definition of intellectual property: patents, copyrights, trademarks, trade secrets, customer lists, business know-how, and other secret sauce. Relationship to Market Capitalization. An oft-cited statistic …
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