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"If inventors cannot get their day in court, then our nation will suffer," Raymond Van Dyke ofVan Dyke Law told the E-Commerce Times Patent abuse isn't new, but it has become increasingly attractive, observed Charles Gorenstein, an intellectual property attorney with Birch, St...

The most significant change to U.S. patent law since 1836 -- or perhaps 1790 -- is being implemented on March 16, 2013. Part of the America Invents Act of 2011, it concerns the doctrine of first-to-invent, laws concerning the protection of original inventors, regardless of whether they were the first to apply for a patent. ...

At the oral argument in Bowman v. Monsanto, Chief Justice Roberts cut off Bowman's attorney seconds into his delivery, questioning his thesis, which undermined the purposes of patent law. "Why in the world would anybody spend any money to try to improve the seed if as soon as they sold the first one anybody could grow more and have as many of those seeds as they want?" ...

Patent laws remain in the crosshairs, despite the passage and near final implementation of the infamous America Invents Act of 2011. The Supreme Court is again hearing a case that has far-reaching implications for future innovation in self-replicating systems in fields such as nanotechnology, cell and DNA lines, new medical treatments and others. The case being heard Tuesday is Bowman v. Monsanto...

"The Apple-Samsung litigation is about market share -- who obtains the upper hand in this multibillion-dollar industry," remarked attorney Raymond Van Dyke. The patent suits are a distraction, he continued The patent litigation is "over products that aren't even relevant in th...

"The timing of a suit concerning a product launch relates to when actual infringement occurs," technology and patent attorney Raymond Van Dyke, principal at Van Dyke Law, told the E-Commerce Times. SurfCast could have alleged imminent harm previously but "it's easier and better to wait until the actual infringement." That also will "achieve maximum publicity and obtain considerable leverage in negotiating a settlement."

In the latest film installment of Ayn Rand's influential novel, Atlas Shrugged, the government has taken the drastic step of seizing all patents, as well as copyrights, for the public good, under the so-called Fair Share Act. Although the U.S. government has not officially taken such a drastic step, some economists and advisors have recently advocated the abrogation of patent rights for industries involved with software. Indeed, some argue that software patents are deleterious to the public good...

In a heavily anticipated verdict, a jury last week found Samsung guilty of patent infringement and ordered it to pay over US$1 billion to Apple. This victory for Apple in the smartphone wars is a warning to others who may desire to copy the look and feel of the Apple designs. ...

Just as the erotic adventures of E.L. James fill the book shelves, the Federal Rules promulgate a different form of torture onto Americans, willingly or not. ...

The complexities of modern life amuse us, confuse us and confound us. The vast majority of people using computers and smartphones have hardly a clue as to their inner workings. These devices are a mystery. They are magical, and we are much like Alice in this technological wonderland ...

"Injunctions can be devastating," Raymond Van Dyke, a Washington, D.C.-based technology and IP attorney, told the E-Commerce Times. "Samsung can, of course, settle, but this is unlikely due to the nature of this life-or-death struggle for market dominance. Samsung has other products that hopefully do not employ the features covered in the patents in suit."

The judge ruled Google will have to pay statutory damages not exceeding $150,000. However, that sum "is the maximum for each inappropriate instance of copyright infringement under statutory damages," Raymond Van Dyke, a Washington, D.C.-based technology and IP attorney, told LinuxInsider. "With millions of smartphones using the adapted code, the cost could be huge if these statutory damages accrue."

If the EU probe finds Samsung guilty, the vendor might have to pay a fine amounting to 10 percent of global sales, Raymond Van Dyke, a Washington, D.C.-based technology and IP attorney, told the E-Commerce Times However, Apple and other companies that are using technologies th...

"The demise of Megaupload and resultant confusion as to the stored user files demonstrates the evanescence of digital data due to mislaid trust," Raymond Van Dyke, a Washington, D.C.-based technology and IP attorney, told the E-Commerce Times. "Clearly, companies like Napster and Megaupload, that thumb their noses at copyright interests, are poor paradigms for stability."

"Apple, Samsung and others are in a battle for market dominance that will not end soon," Raymond Van Dyke, a Washington, D.C.-based technology and IP attorney, told the E-Commerce Times. "The Netherlands court ruling is merely a speed bump to Apple," he said.

"Even though only one patent -- of seven in issue -- was found infringed by the ITC judge, all it takes is one patent to cause damage," Raymond Van Dyke, a Washington, D.C.-based technology and IP attorney, told the E-Commerce Times. The patent in question concerns group-sch...

"In the ongoing game of patent litigation poker, Motorola's win in Germany represents just one hand of play," technology and patent attorney Raymond Van Dyke remarked "Apple will seek to stay and otherwise further contest the ruling, particularly the institution of an injuncti...

The issues involved in Net neutrality "concern the very fabric of the Internet: Who controls [it], and can a toll be levied?" Raymond Van Dyke, a Washington, D.C.-based technology attorney and consultant, told the E-Commerce Times "On the one hand are the infrastructure player...

"The various lawsuits across the globe are likely to reach a confluence in settlement with cross-licensing all around," Raymond Van Dyke, a Washington, D.C.-based technology attorney and consultant, told the E-Commerce Times. "We are seeing various skirmishes in the ongoing battle. The slugfest between titans Samsung and Apple across the world illustrate the strategies to leverage their technologies and gain the upper hand against one another."

"The cross-licensing deal between behemoths Microsoft and Samsung will mean more pressure on Motorola and Google to come to terms," Raymond Van Dyke, a Washington, D.C.-based technology and IP attorney, told the E-Commerce Times. "The stakes could not be higher in tech: dominance in the smartphone arena. This deal helps Samsung -- the number two manufacturer of smartphones -- and Microsoft."