Archive for February, 2008

19
Feb

What Is An “Idea,” Anyway?

 
Susan M. Kornfield, J.D.
skornfield@bodmanllp.com
As students of the copyright universe, you know that U.S. copyright law does not protect ideas.  Ideas are free for the taking.  Under copyright law, I can read your article and use the ideas without giving you attribution and without asking permission and without paying a fee – because you don’t own […]

18
Feb

Reviewing Your Competitors’ Patents

Is it okay to review other patents in my field?  This is a question that entrepreneurs often ask their patent attorneys.  Unfortunately, up until a recent court ruling, there was significant risk involved in becoming aware of a patent that potentially covered your technology.  Let’s examine this change in the law that lessens the risk […]

14
Feb

Text Message Mess and IP Rights

Susan M. Kornfield, J.D.
skornfield@bodmanllp.com
The ongoing mess involving Kwame Kilpatrick, Mayor of Detroit, and the “secret” text messages generated many discussions about privacy and employer ownership of emails.
Yesterday, the Michigan Court of appeals affirmed the circuit court decision and ruled that the messages were public records.  The mayor had taken the legal position that documents relating to city business were not […]

12
Feb

It’s All In Your Head

 
Susan M. Kornfield, J.D.
skornfield@bodmanllp.com
With all the press about unauthorized computer access, breaking into museums and stealing artwork, and stealing proprietary software, it is work remembering that you can “steal” secrets by remembering them.
A couple of weeks ago, the Supreme Court of the State of Ohio issued an opinion in a case where a former employer […]

11
Feb

Software: To Patent or Not To Patent?

The patentability of software or business methods has received much attention in recent years. In 1998, the courts confirmed that business methods and software are indeed patentable subject matter and applications in these fields skyrocketed. Just because one can obtain patent protection for software, though, does not mean that it is always prudent […]

11
Feb

Assessing the “Nonobvious” Requirement for a Patent

Two of the main criteria for obtaining a patent are that the invention must be “new” and also must be “nonobvious.” This second hurdle of “nonobviousness” has received much attention in recent years because of several high profile patents that appeared to be obvious variations of known technology. The question of obviousness is […]

08
Feb

Let’s Test This “Re-Branding Michigan” Thing

Susan M. Kornfield, J.D.
skornfield@bodmanllp.com
The February 7, 2008 Business Review had a story about “Re-Branding Michigan: Entrepreneurs Wanted.” The University of Michigan featured prominently in this article.
Having worked with emerging companies for a couple of decades (and some of the largest companies in the world), I am happy to see so many people publicly […]

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