Patent Attorney, Lawyer Law Firm. Handling Patent Prosecution & Litigation Cases

Patent Infringement Dispute: Java FX Developer Oracle is Less Than Enthused with Google’s Android Software

Oracle Corporation (Oracle) filed the patent infringement lawsuit against Google in the U.S. District Court for the Northern District of California. Oracle’s complaint seeks monetary damages for willful infringement. Along with an injunction to immediately halt Google from building and distributing the Android Smartphone.

Wiki describes Oracle Corporation as a multinational computer technology corporation that specializes in developing and marketing enterprise software products — particularly database management systems.

The Android is Google’s premier Internet and social media Smartphone. Google’s use of open source code, on top of (and based off of) Oracle’s different Java codes, for use in running and writing applications for the Android operating system on its Google Android Smartphone, allegedly infringes on patented Java technologies.

Oracle’s complaint alleges that Google’s use of Java code source and applications opens Google up to liability for partial-infringement of seven different Oracle owned patents.

The complaint also alleges that Google knows, or should have known, of these different infringements because Google hired former Sun Java engineers to work in developing the Android operating system.

If you have a patent issue, or wish to register a patent, you may contact one of our patent attorneys for a free evaluation or call 866.936.7447 (International Toll Free).

Patent Protection Decreasing During Tough Economic Times

It is no surprise that applying for and obtaining a patent is an expensive endeavor.  It is no surprise that enforcing a patent through litigation or a licensing program is generally an even more expensive endeavor.  Traditionally during tough economic times, patent enforcement efforts pick up, as companies look to their IP portfolios as revenue producing assets, apart from normal product or service profits.  But is that happening today?

Patent Enforcement Attorneys: How Does a Patent Owner Enforce a Patent?

A patent owner may enforce his patent rights in a federal court proceeding.  Patent infringement disputes are not handled by the United States Patent and Trademark Office (USPTO).  Generally, a patent owner may initiate a law suit in federal court seeking monetary damages and injunctive relief to prevent an accused infringer from infringing his patent.  Because patent disputes arising under the Patent Laws are questions of federal law, federal courts and not state courts are the appropriate forum for resolving patent disputes.

If you have a patent issue, or wish to register a patent, you may contact one of our patent attorneys for a free evaluation or call 866.936.7447 (International Toll Free).

Patent Attorneys: Inequitable Conduct Renders a Patent Unenforceable

During prosecution of a patent application, the patent applicant has a Duty of Candor to the United States Patent and Trademark Office (USPTO), requiring the applicant to formally inform the USPTO of information known by the applicant that is material to patentability of the claimed subject matter in her application.  The Duty of Candor extends to those involved in the filing and prosecution of the patent application, including the named inventors, patent assignee and the attorneys or agents representing the applicant.  Failure to include material prior art in an Information Disclosure Statement to the USPTO may constitute inequitable conduct and render a patent unenforceable.

If you have a patent issue, or wish to register a patent, you may contact one of our patent attorneys for a free evaluation or call 866.936.7447 (International Toll Free).

Patent Attorney Discusses the Difference Between Patent Validity and Patent enforceability?

Patent validity and patent enforceability are often confused.  Patent validity refers to whether the patent meets the statutory requirements for patentability, enumerated in the Patent Laws, 35 U.S.C. § 101 et seq.  The Patent Laws specify the subject matter for which a patent may be obtained and the conditions for patentability.  For example, to be patentable, a claimed invention must be useful, novel and not obvious.  If claimed subject matter fails to meet any of the requirements for patentability, the patent is not valid.