Patently Speaking

Administrative Procedures for Challenging U.S. Patents

Enacted in 2011, the America Invents Act (“AIA”) substantially modified U.S. patent law. Among other things, the AIA included substantial changes to the procedures available to challenge issued patents in the United Stated Patent and Trademark Office (“USPTO”). In the relatively short time since the enactment of the AI... +more

1589 2016-02-03

Can I Copyright My Design?

There are four main ways to protect intellectual property rights in design:  copyrights, trademarks, trade dress, and design patents. Specifically, I will discuss the use of copyrights to protect an individual’s design. Generally, the difficulty does not arise in getting the Copyright Office to register your work,... +more

1567 2015-12-30

Are you ready for Canon Dongle Gear GEO?

The US International Trade Commission (ITC) issued a general exclusion order (GEO) on August 31, 2015 for Canon 337-918, the famous Dongle Gear related patent case.The products thatinfringe Canon’s patent, or “Accused Products,” included one type of couplingthat engages with a drive shaft in the printer and receiving r... +more

1756 2015-12-01

Trading Refurbished Cartridges in Europe? Watch Out!

Three retailers selling refurbished (remanufactured) cartridges were found guilty of infringement of the “Dongle Gear Patent” (EP 2 087 407 B1) by the regional court in Düsseldorf, Germany (Landgericht Düsseldorf, 4a O 44/14; 4a O 45/14; 4a O 72/14). Will this mean the end of the refurbishing industry in Germany?For ma... +more

1725 2015-11-04

A Brief History of Canon’s So-Called “Dongle Gear” Complaint

On May 7, 2014, Canon filed a Complaint with the International Trade Commission (“ITC”) alleging a violation of Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) for infringement of 32 claims of nine Canon patents that cover various aspects of toner cartridges, and primarily concern the so-called “dongle gear.” ... +more

627 2015-09-28

The US Government Weighs In on Printer Cartridges

As the patent attorney leading the charge in defense of remanufacturer Impression Products, here is my response to the amicus curiae brief filed on June 29, 2015 by the US government over the future for restrictive patent rights on printer cartridges.A Shrink Wrap LicenseThe Mallinckrodt decision was the legal basis up... +more

739 2015-09-06

It’s Not So Patently Obvious

More than once I have been told by a U.S. reman importer/reseller that its Chinese supplier has promised that its remans are non-infringing “because we have a patent.” Underlying this statement are several different misunderstandings about patent law in the very difficult field of ink and toner cartridge remanufacturin... +more

651 2015-07-27

What Kind of Compatible Consumables Do We Need?

Besides the expensive OEM brand printing consumables, compatible products supplied by non-OEM companies provide consumers with a second choice. Because of this, compatible supplies have become more and more popular.Are We Missing Something?High quality and moderate price are highly accepted standards when buying any pr... +more

700 2015-07-27
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