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Rolls-Royce prevails in patent litigation dispute against United Technologies Corp


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Rolls-Royce prevails in patent litigation dispute against United Technologies Corp

Rolls-Royce prevails in patent litigation dispute against United Technologies Corp


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Home Page > Law > Copyright > Rolls-Royce prevails in patent litigation dispute against United Technologies Corp

Rolls-Royce prevails in patent litigation dispute against United Technologies Corp

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Posted: May 13, 2010 |Comments: 0
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On May 5, in an opinion handed down by Judge Rader for the Federal Circuit Court of Appeals, the Circuit court upheld the decision of the US District Court for the Eastern District of Virginia rendered by Judge Brinkema where the court held that United Technologies Corp.’s (UTC) patent only covered rear sweeping jet engine fan blade tips. The Court of Appeals held that because the district court correctly determined that Rolls-Royce, PLC’s (Rolls-Royce) forward sweeping blade tip patent would ‘not have been obvious’ in light of UTC’s application of their rear sweeping blade tip, the judgment of the District Court was proper. That decision can be found here.

The District Court’s prior ruling overturned a decision of the Board of Patent Appeals and Interferences (BPAI) in an interference proceeding which involved an improved design for jet engine fan blades that allowed for a reduction in the amount of shockwaves produced by the engine.  The BPAI’s prior ruling was in favor of UTC, holding that UTC’s patent application covered a fan blade that had a tip that swept either forward or rearward. 

By affirming the District Court’s decision and the overruling of BPAI’s determination, the Circuit Court of Appeals has effectively limited the ‘not obvious’ test for allowing new patent applications. Judge Brinkema’s decision utilized the ‘not obvious’ test and rejected UTC’s argument that a forward sweeping tip of the fan blade is an easily predictable and achievable variation in view of the disclosure of the rearward sweeping tip in UTC’s earlier application. The Court of Appeals affirmed the judgment that the forward sweeping blade tips were ‘not obvious’ because of the availability of a broad selection of choices for further investigation that included any degree of sweep for the fan blade tip. A further consideration secondary to the ‘not obvious’ test, was that an embodiment of Rolls-Royce’s invention had become the industry standard, thus the Court of Appeals reinforced the finding of non-obviousness. Discussion of this subject can also be found here.

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Warren Fink is an intern working with internet lawyers for Traverse Legal. Traverse Legal is a law firm specializing in intellectual property rights, domain name dispute resolution and applying cutting edge technology to make legal work more transparent; benefitting consumers, lawyers, the legal system, and the general public.

Traverse Legal Lawyers: Handling Internet Legal Issues For Clients Worldwide. Our Internet Lawyers are recognized for their expertise, innovation and client service in the Internet Law space. Contact an Internet Lawyer for more information or call 866.936.7447.

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Be the first to comment - What do you think?  Posted by - January 31, 2011 at 7:16 am

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Why Copyright Your Work?


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Why Copyright Your Work?

Why Copyright Your Work?


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Home Page > Law > Copyright > Why Copyright Your Work?

Why Copyright Your Work?

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Posted: Jul 13, 2010 |Comments: 0
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Let me tell you a story about copyright.  Last week, I had a woman and we’ll call her Jennifer, give me a call and she said, “Kevin, I think I’ve got a copyright infringement action, can you help me?”  And I said, sure, let’s talk about it.

And what she told me was that she had contracted to write an article for a magazine and in that contract was a thousand dollar fee, five hundred she get paid on contract and five hundred she get paid when the article published.  So she wrote the articles, submitted it and it was denied.  So get 0.00 for the original manuscript for the original part of the contract and then she just went about her business.  A couple of months later, she was at the bookstore, pulled the magazine down off the shelf and there’s her article.  And so she was upset about that and gave me a call.

Well, the first thing I asked her was—did she register her copyright and she said, no.  And this happens a lot and so what happens next is something that hopefully as a creative individual, you never get involved in.  We have to talk about the difference between having a righteous beef and the economic justification in enforcing that righteous beef because in her situation, when the contract is there and she has not registered the copyright before the infringement happens, basically what we’re talking about is a difference in remedy and the remedy for an unregistered copyright infringement, although she is protected by a copyright law, the remedies are different.

In this situation, she’s limited to one—an injunction which is basically a court order to make it stop or go to jail.  These are usually handled when there is an ongoing infringement, so if somebody was continually publishing greeting cards relative to one that used the image of something that you did or if there were books being published that infringe your copyright and that was constantly happening or music or any of those things, the injunction makes it stop.

Now, in her situation, the magazine that already had been published, it’s not going to be published again, so making it stop doesn’t do her a lot of good.  The other thing is what we call actual damages.  Now, actual damages are just what they say.  What harm really occurred here?  Now in her situation, when we—we could definitely litigate and sue over this thing, but when we spent thousands and thousands of dollars to get through Federal courts and get all the way to a Judge or a jury saying, “Yup!  That’s an infringement.”  She would be limited to her actual damages and in this case, those actual damages are going to be all of 0.00.  What they owe her on the backside of the contract and in this situation, she’d have to pay for her own attorney’s fees.

Now, if she would’ve registered that copyright before the infringement which caused all of .00 and you can do it online at copyright.gov, it’ll talk you only about twenty minutes for .00.  If she would’ve done that, then the difference would be that on the table are statutory damages, which are anywhere from 0.00 all the way up to a hundred and fifty thousand dollars per infringement so you don’t have to be limited to just her five hundred dollars and number two, attorney’s fees are on the table.

Now, what this means in practice is that she won’t have to pay thousands and thousands of dollars and be limited to just the contract amount of her infringement situation and she’s going to be made whole by the interning fees.  So what happens is in this scenario, it makes sense for her to engage in an attorney to send a letter saying that you guys have infringed the copyright action here.  You are open to some significant damages of statutory damages and you’re going to have to pay attorney’s fees and why don’t we settle this right now for say ten thousand dollars and in that situation, the other side—this magazine would’ve taken the article and the letter and the draft to their in-house attorney or to their attorneys and said, what’s our situation and those attorneys would have done an analysis and in this case, we’ll assume that there was an infringement going on and come back and say, yeah, you shouldn’t have done that.  We need to pay off the attorney’s fees here before they get out of hand and we need to pay off some demand of at least what the difference in the contract was because we could get dinged for that plus some additional damages.

So the key factor here is that if something is worth anything to you in terms of if you would be upset if somebody stole it and infringed upon it, you need to spend the .00, go to copyright.gov and register that content right away and do it for everything.

Now a lot of people will say, “Well, I can’t afford to register everything that I have for .00 a pop.”  That’s fine, the choice is yours, but if it’s not worth .00 to you, it’s probably not going to be worth at least ten times that to enforce your copyright action.

So anyway, with that, I’ll leave you to your thoughts, but remember, .00 at copyright.gov is the best creative insurance policy an individual can have.  Thanks.

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For more leading edge tips, videos, and and much more FREE information about legal issues that will dramatically impact your business, visit my YouTube Channel http://www.youtube.com/user/MrKevinHouchin or my blog at http://www.houchinlaw.com/ – Plain language presented by a top attorney who identifies with your needs and whose primary goal is to be of service.

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Be the first to comment - What do you think?  Posted by - January 28, 2011 at 6:12 pm

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‘For The Cure’ Controversy Over Pink Trademarking

Transcript by www.newsy.com BY JENNIFER MECKLES You’re watching multisource business news analysis from Newsy The mother of all breast cancer charities — The Susan G. Komen foundation — is the top matriarch in the fundraising world, but the organization is now taking legal action against smaller charities for copyright violations. Komen wants to protect its pink logo and “For the Cure” slogan against what some call “pinkwashing” — when smaller charities use the logo and slogan for their own cancer fundraisers. “Mush for a Cure” and “Kites for a Cure” are just two charities who were asked to change their names — or face legal action. (Video KSDK) The organization has come under fire for using administrative funds — money donated for cancer research — to pay for legal fees. NBC hears both sides of the story: SUE PROM (Mush For a Cure): “We’re all supposed to be fighting against breast cancer. And here, another organization opposed to breast cancer will cost us all the money we want to give to the cause.” KATRINA MCGHEE (Susan G. Komen): “If we have been overzealous in our quest to protect our name or the names that our donors come up with, its because we feel such a huge responsibility to the Komen family and donors who volunteer so hard in our mission.” Komen isn’t getting much sympathy from the media — being called a “trademark bully.” A writer for Statesman Journal uses a few “pink washes” of her own to deliver a firey response: “It has left a taste far less
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A Master Revision: We Describe the 1976 Copyright Act


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A Master Revision: We Describe the 1976 Copyright Act

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A Master Revision: We Describe the 1976 Copyright Act

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In 1976, the Copyright Act was not only revised, it was overhauled. The 1976 revision of the Copyright Act now forms the foundation for copyright protection under United States law. It solidified the common law doctrine of fair use and greatly enhanced the protections granted original works.

In section 102 of the Act, copyright protection is available for “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” The key change from the prior law is that works no longer have to be published to enjoy copyright protection, and one need not affix the copyright mark (the “circle C”) to one’s work to trigger federal protection. Previous controlling law condemned original works to the public domain if the notice of copyright was not properly included. State copyright protections were made all but superfluous by the federal revisions passed by Congress in 1976.

The 1976 revision granted five (5) exclusive rights to copyright holders: the right to reproduce (copy), the right to create derivative works from the original, the right to commercialize the work, the right to perform the work publicly (if relevant), and the right to display the work publicly (if relevant). In 1995 the right to perform a sound recording by means of digital audio was added.

The doctrine of fair use was finally codified in the 1976 revision of the Copyright Act. Common law, which was well settled on fair use, was finally made black letter law. Section 106 denotes that the doctrine explicitly applies to any use of copyrighted work for news reporting, criticism, research, scholarship or teaching. Despite this definitive list, the fair use defense is not exclusively limited to just these activities. The Act provides a four prong factor test to determine whether fair use has occurred:

1) the purpose and character of the use (for instance, whether it is commercial or educational);
2) the nature of the copyrighted work (how creative is the work);
3) the amount and substantiality of the portion of the original work used; and,
4) the effect of the use upon the original work in the market (or potential market). Like copyright protection generally in 1976, the fair use defense was later extended to unpublished works as well.

The previous term of protection for copyrighted works was greatly expanded by the 1976 revision. Before, copyright protection existed for a term of 28 years, with an optional extension of an additional 28 years. Thus, your total protection for copyrighted works was capped at 56 years. As of the 1976 revisions, protections were granted to the originator of the work for his life plus fifty years. A flat 75 year term was enacted for anonymous or pseudonymous works, and works made for hire. More copyright protections were added by the Sonny Bono Copyright Term Extension Act in 1998. Protection now extends to 70 years after the originator’s death, and 95 years for works made for hire.

Copyright transfers were greatly clarified by the 1976 revision of the Copyright Act. The courts had muddied the presumption that the transfer of a copy of a work carried with it the presumption that the creative rights were transferred as well. That is now definitively not the case. Section 204 of the 1976 revision fully details the procedure for transferring ownership of a copyrighted work. A copyright holder must sign a written statement of conveyance expressly transferring his or her ownership of the copyright to the recipient. Otherwise, there has been no transfer of the original work to the recipient.

Under the Act, one does not have to register your work with the Copyright Office in order to enjoy copyright protection; however, an action for infringement cannot be pursued until one registers with the Copyright Office, a process that can take up to six months. To register one’s work, the Act requires one copy and the requisite fees be deposited with the Office. Two copies are required if the work is published.

The 1976 revision of the Copyright Act greatly simplified the law and expanded protections for original works. It is always good to find an attorney familiar with copyright law and the Act’s revisions if you are interested in protecting your original work.

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Nathan Moore is a copyright attorney based in Nashville, Tennessee. He has assisted numerous individuals and businesses in obtaining federal copyright protection. You can learn more about his copyright practice by going to his website. He is also a Nashville defense lawyer with an avid litigation practice.

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Nathan Moore is a copyright attorney based in Nashville, Tennessee. He has assisted numerous individuals and businesses in obtaining federal copyright protection. You can learn more about his copyright practice by going to his website. He is also a Nashville defense lawyer with an avid litigation practice.

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domain disputes and seizures


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domain disputes and seizures

domain disputes and seizures


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domain disputes and seizures

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This last Cyber Monday, eighty-two different websites learned that they would not be participating in the usual festive sales day. Instead, they were engaged in P2P, or peer to peer, file sharing of materials that are under copyright. Among the websites that were targeted was a Bit Torrent meta search engine. The Federal Government ran this online search and seizure sting as a joint venture between the Department of Justice and the Immigration and Customs Enforcement agency, or ICE. Copyright laws do not permit an individual or business to traffic in the creative or intellectual materials owned by another party without the property owners’ expressed written consent.

These were the DMCA, or Digital Millenium Copyright Act passed in 1998, as well as the recent COICA Act, or Combating Online Infringement and Counterfeits Act. Other sites were dealing in the sale of counterfeited items such as purses, shoes, sporting goods and gear, athletic wear, and sunglasses. government has moved to seize or shut down the selling of these kinds of materials over the Internet that they deemed to be either willfully counterfeited or illegal. Others of the sites that the government shut down were not physically selling any goods. The precedent dates back more than ten years to the era when Napster first began giving away music downloads from copyrighted artists at no charge and with no compensation offered to the record labels and artists who owned the creative and intellectual properties. The intent lay in sending a loud and clear message to companies dealing in goods that are not rightfully theirs to vend to customers.

The government relied on two different congressional acts to affect its website seizures. This is not the first such time that the U.S. Cyber Monday is usually a day where websites are at their very busiest time of the shopping season and year. Some of the sites instead sold CD’s, computer software, DVD’s, and various other materials that were copyrighted. There are still more reports on the Internet that say that most, if not all, of the seized sites are back online and selling their goods using different website domain names.

Both congressional acts give the Department of Justice the powers necessary to take control of and shut down any websites that they believe to be vending copyrighted and counterfeited materials.

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Aaron Kelly is an business law attorney and a <a rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.aaronkellylaw.com”>internet law arizona</a> attorney

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