Christopher Konopka’s Post

Netflix’s Patent Challenge Highlights the Importance of Carefully Crafted Claims A decision from the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO) on February 22, 2024 illustrates how ambiguous claims can lead to costly litigation and may even invalidate a patent. In response to a lawsuit brought by DivX in 2019 claiming that Netflix and others illegally used technology which DivX patented, Netflix petitioned the PTAB to invalidate the DivX patent, U.S. Patent No. 10,225,588. Netflix argued that the DivX patent claimed matter already covered by previous patents. The validity of the DivX patent, which is directed to a playback device for streaming video, hinged on the interpretation of an ambiguously worded claim. The pertinent part of the claim describes an application on the playback device which “locate[s] encryption information that identifies encrypted portions of frames of video within the requested portions of the selected stream of protected video.” The question before the PTAB was whether the phrase “within the requested portions of the selected stream of protected video” modifies “locate[s] encryption information” or “identifies encrypted portions of frames of video.” In other words, what is found within the requested portions of the selected stream of protected video: the encryption information or the encrypted portions of frames of video? Of the three judges who heard the case, two agreed with DivX that the encryption information was located within the requested portions of the selected stream, and that the phrase “identifies encrypted portions of frames of video” only described the function of the encryption information. This interpretation led to the conclusion that DivX had a valid patent and may move forward with its lawsuit against Netflix. But DivX’s win was a narrow one. The third judge from the PTAB panel wrote an uncharacteristically long dissent – nearly 40 pages – which interpreted the claim limitation to mean that the encrypted portions of frames of video were to be identified within the requested portions of the selected stream. Had one of the other judges agreed, the DivX patent would have been invalidated. The majority opinion also mentioned that judicious use of commas could have set the central phrase apart to add clarity to the claim. If DivX had made use of such commas or otherwise clarified the meaning of the claim, it would not have come so close to losing its patent rights and maybe could have avoided the challenge to its patent altogether. #patentlaw #innovation #iplaw

🖥️ Safeguarding Intellectual Property: Protecting Your Ideas and Innovations 🔒 (3/5) IP Research Before investing time and resources into developing and protecting your intellectual property, it is important to conduct comprehensive research to ensure that your idea or creation is original and not already protected by someone else’s rights. Here are some steps you can take to conduct your research: Search patent databases. Patent databases, such as the United States Patent and Trademark Office (USPTO) database, can help you identify inventions that are similar to your idea. If you find a patent that is similar to your idea, it does not necessarily mean that your idea is not original. However, it does mean that you may need to take steps to differentiate your idea from the patented invention. Search trademark registries. Trademark registries, such as the USPTO trademark database, can help you identify brands that are similar to your trademark. If you find a trademark that is similar to your trademark, it does not necessarily mean that you cannot use your trademark. However, it does mean that you may need to take steps to differentiate your trademark from the registered trademark. Search copyright databases. Copyright databases, such as the US Copyright Office database, can help you identify creative works that are similar to your creative work. If you find a copyright that is similar to your creative work, it does not necessarily mean that your creative work is not original. However, it does mean that you may need to take steps to differentiate your creative work from the copyrighted work. It is important to note that conducting research is not a guarantee that your idea or creation is original. It is always possible that you may find something that is similar to your idea or creation. However, by conducting research, you can reduce the risk of investing time and resources in an idea or creation that is not original. Read the full article by clicking the 🔗 below! https://bit.ly/47aW7ia #SteinbergLaw #IntellectualProperty #ProtectYourIdeas #InnovationProtection #PatentProtection #TrademarkLaw #CopyrightProtection #InnovationSecurity #LegalIntellectualPropert #LegalAdvice

Here is the 80% of your Intellectual property protection cycle you might have been missing out on. STRATEGY   Yeah that is it.   Many of the startups I have worked with believe that after successfully registering their business or intellectual property assets, they have completed the protection cycle. Wallaa, this is not entirely accurate. Let me tell you this for a fact: Protection of your assets is 20% law and 80% strategy. Don’t agree? Let me show you. Consider some of the popular tech brands you can imagine, you would recount that the numerous legal battles they've faced are tied to a mismanagement of their assets or better still the lack of a good strategy.   Here the popular Oracle vs Google, a case on copyright infringement of Application Programming Interface (API) comes to mind where a bit of #privacy played out greatly for Oracle on appeal of the same case.   This among other things illustrates that a mere legal subscription is not enough to provide 100% guard against copycats who continuously lurk to steal your ideas.   There is need to properly strategize and put the right foot forward in wading off infringers. Mind you, there is no special police allocated to legal subscribers, in most cases you would have to police yourself through diligence. Don't get me wrong, without proper legal registration and compliance, you risk putting all your strategies at stake, because you cannot put something on nothing and expect it to stand. Therefore, it is essential to understand that the right strategies, aligned with legal compliance, will garner more favor and safeguard your intellectual property assets effectively. So, what does it take to develop robust protection strategies for your startup's intellectual property? It involves a comprehensive approach that goes beyond legal filings. It requires constant vigilance, proactive measures, and strategic planning to stay ahead in the ever-evolving landscape of intellectual property rights. This includes conducting regular IP audits to assess your assets, identifying potential risks, and implementing measures to mitigate them. It also entails staying informed about the latest developments in IP law and adapting your strategies accordingly. Again, building a strong IP portfolio involves more than just acquiring patents or trademarks. It's about leveraging your intellectual assets to create competitive advantages, attract investors, and establish a solid market presence. Would you like to learn more about safeguarding your intellectual property assets and strategizing for long-term protection while you make money from it? Feel free to send me a direct message, and let's discuss how we can ensure your startup's success in today's competitive landscape.   ---   #techstartups #startups #monetizeyourip #copyrights #intellectualproperty #avo

"Navigating the Complexities of Intellectual Property Law in the Digital Age "Introduction: In today's rapidly evolving digital landscape, protecting intellectual property (IP) rights has become more crucial than ever before. From copyright infringement to patent disputes, businesses and individuals alike face a myriad of challenges in safeguarding their creative and innovative assets. In this article, we'll explore some of the key issues and considerations in navigating the complexities of intellectual property law in the digital age.Body: Understanding the Basics: Start by outlining the fundamental principles of intellectual property law, including copyrights, trademarks, patents, and trade secrets. Explain the significance of each type of IP protection and how they apply to different creative works, inventions, and business assets. Digital Challenges: Discuss the unique challenges posed by the digital environment, such as online piracy, digital rights management, and the rise of open-source software. Highlight recent legal developments and landmark cases that have shaped the landscape of IP law in the digital age. Emerging Trends: Explore emerging trends and technologies that are reshaping the IP landscape, such as artificial intelligence, blockchain, and the Internet of Things. Discuss the implications of these innovations for IP rights holders and the legal framework governing their use and protection. International Considerations: Delve into the complexities of international IP law, including jurisdictional issues, cross-border enforcement, and the role of international treaties and agreements. Discuss the importance of global cooperation and harmonization in addressing the challenges of IP protection on a global scale. Practical Strategies: Provide practical tips and strategies for businesses and individuals to protect their intellectual property rights in the digital age. This could include steps such as implementing robust IP management policies, conducting regular audits of IP assets, and staying informed about legal developments and best practices. conclusion: In conclusion, navigating the complexities of intellectual property law in the digital age requires a combination of legal expertise, technological savvy, and proactive risk management. By understanding the basics, staying abreast of emerging trends, and implementing practical strategies, businesses and individuals can effectively protect their valuable intellectual assets in today's digital landscape.

Intellectual Property Rights (IPR) play a pivotal role in today's landscape, safeguarding innovations from unauthorized use and infringement. With the growing significance of IP, instances of IP-related crimes have become commonplace in the digital age, occasionally resulting in business failures. Companies rely on protecting patents, trademarks, and copyrights, while consumers use IP to ensure their purchases are secure. IP assets hold commercial value akin to physical property, particularly in the digital realm where reproducing templates and logos is easier. Strong IP laws bolster protection and contribute to the economy. Patents prohibit others from using or selling an original creation for a set period, granted after viability examination. Copyright safeguards tangible expressions like books, paintings, preserving the manner in which ideas are conveyed. Trademarks protect logos, connecting customers to brand value and trust in goods/services. Benefits of IP Rights today: Transforming Innovations into Profit: IP enables turning ideas into marketable products/services, leading to steady revenue streams. Enhancing Export Opportunities: IP empowers companies to expand in foreign markets using protected logos and designs. Safeguarding Ideas: IP protection deters unauthorized duplication of unique concepts, encouraging innovation. Business Growth: IP guards unique offerings from competitors, crucial for long-term enterprise success. IPR During the Pandemic: Global leaders are considering expanding COVID-19-related IP rights to battle the pandemic, involving proposals for publicly owned patents and compulsory licenses. Strong IP Rights Protect Consumers: Robust IP rights empower informed consumer choices, ensure product authenticity, quality, and boost confidence. Overall, stringent and well-enforced IP protection is essential, requiring countries to strike a balance between strictness and leniency in their laws to encourage innovation while safeguarding rights.

Protecting intellectual property (IP) rights is crucial for individuals and organizations to safeguard their creations, innovations, and investments. Here are several steps to help protect your IP rights: Understand Your IP: Recognize the different types of intellectual property rights, including patents, trademarks, copyrights, and trade secrets. Each type of IP protects different aspects of your creations or innovations. Identify and Document Your IP: Keep detailed records of your creations, including dates of creation, development processes, and any relevant documentation. This will help establish your ownership rights in case of disputes. Register Your IP: Depending on the type of intellectual property, consider registering it with the appropriate government agencies. For example, patents are registered with patent offices, trademarks with trademark offices, and copyrights with copyright offices. Use Contracts and Agreements: Implement non-disclosure agreements (NDAs), confidentiality agreements, licensing agreements, and employment contracts to protect your IP when collaborating with others, hiring employees, or working with third parties. Monitor and Enforce Your Rights: Regularly monitor your IP for any unauthorized use or infringement. Take prompt action against infringers through cease and desist letters, legal action, or other appropriate measures. Educate Employees and Partners: Train employees and partners about the importance of IP protection and the company's policies and procedures regarding IP rights. Encourage a culture of respect for intellectual property within your organization. Stay Informed: Keep up-to-date with changes in IP laws and regulations that may affect your rights. Consult with legal professionals specializing in intellectual property to ensure compliance and effective protection strategies. Utilize Technology: Use technology solutions such as digital rights management (DRM), encryption, watermarking, and secure data storage to safeguard digital assets and prevent unauthorized access or use. Global Protection: If your business operates internationally, be aware of IP laws and regulations in different countries and consider obtaining protection in key markets where you conduct business or anticipate expansion. Be Proactive in Defense: Proactively defend your IP rights by taking preventive measures, such as regularly renewing registrations, monitoring competitors' activities, and securing your digital infrastructure against cyber threats. By following these steps and being vigilant about protecting your intellectual property, you can reduce the risk of infringement and maximize the value of your creations and innovations.

IPR in South Korea - a brief understanding. KPA: Korean Patent Act allows treble damages for intentional or wilful patent infringement and allows the patentee to receive, in addition to the damages within the patentee’s production capability, damages calculated by multiplying a reasonable royalty with the number of infringing articles exceeding the patentee’s production capability. 2) Investigation: In the case of patent infringement, the initiation of police or prosecutorial investigations required a complaint filed by the patentee and investigative authorities are now able to initiate their own patent infringement case investigation, even if there is no complaint lodged by the patentee, unless the patentee expressly opposes such investigation. 3) Protection against misappropriation of business information:  The amendment to the Unfair Competition Prevention and Trade Secret Protection Act (UCPA), which took effect in April 2021, enhanced protection against misappropriation of business information. The amendment introduced punitive damages, enabling compensation of up to three times the actual damages incurred. Furthermore, the amendment expanded the administrative agencies’ (including the KIPO’s) investigative authority for recommending corrective measures against such misappropriation. In particular, in cases where the violating parties (usually large corporations that have subcontracting transactions with SMEs) fail to comply with such corrective measures, the administrative agency may publicly disclose the details of the violation and the details of the corrective measures. The KIPO announced that it will introduce a new system that imposes fines when the recommended actions are not followed by the violating parties. Furthermore, the KIPO aims to significantly reduce the period for the administrative investigation to about six months from the current 11 months by prioritising business information misappropriation cases. 4) Mediation under KIPO The KIPO has established 'industrial property rights dispute mediation’, which is accessible to any parties involved in IP-related disputes, such as patents, trademarks, designs, utility models, trade secrets, unfair competitions, and employee inventions. The KIPO, which has a pool of experts comprising about 1,200 examiners and trial examiners (including about 500 Ph.D. holders), has been given the expanded authority to take more effective measures to protect individuals and companies who have suffered from infringement of their IP rights through the SJP. 5) Investigation division: Recently the KIPO has expanded the Intellectual Property Investigation Division, which includes about 60 investigators and supporting members, and reorganised the division into three subdivisions, namely: • Technology Police Division; • Trademark Police Division; and • Unfair Competition Investigation Division. ANB Legal- India #ipr #patents #southkorea

What is intellectual property (IP) and why could it be a valuable asset to have within your business. IP refers to the intangible creation of human intellect. A unique invention. For clarity IP can be broken down into four sub-sets ie: Patents. Trademarks. Copyright. Trade Secrets. Today I would like to explain the benefit of acquiring a patent. My personal experience with patents began in the mid 1990`s. At this time I was a prolific inventor of several innovative packaging solutions which were used for the dispensing of tablet medication from the doctor (by prescription) or via the pharmacy,retailer commonly known as over the counter goods. A common theme with a great many of my inventions was utilising good design to create a "point of difference" by combining the user experience with the regulatory requirements to produce high speed original packaging configurations could be brought to market, at scale. At this point in my career I was juggling at least twenty three patent applications, which were all at different stages of submission.The commercial reality of a patent dictates that at some point you have to choose which options will continue to move forward and which will fall by the way side. Market intelligence and strong client engagement and collaboration enables you to reach an informed decision. Note: Patent protection can generally be granted for twenty years from the application date. Certain countries outside of the UK will differ. Patents provide you with an exclusive right to prevent other commercial competitors exploiting a (granted patent) invention. Now the big question is "how can you make money" out of your patent. In short there are three options open to you, ie: Sell the patent to an interested party. License the usage rights nationally, internationally depending on your IP coverage. Sell your patented solution(s) at a premium price direct to clients. At this stage you may be getting excited at the idea of developing a: Patent strategy. IP asset portfolio. Before you contemplate moving into the filed of IP, patents you must seriously consider the following information, based on my longstanding interest and experience within this field: Work with someone who knows this area, without prior expertise you can be burnt. Be prepared to take a calculated commercial risk. Invest in your client relationships. Ultimately it will be these clients who will buy your new invention. Be forward thinking, re-imagine the future. Look to build, create something original yet most importantly it MUST have a clearly defined market value. Find the best available patent attorney. They can save you time, money. I have worked with the same team for over twenty five years. Last, but not least look to make improvement in areas whereby they can have the most impact for people . Build a better business with longevity and strong growth prospects. Do it your way. #creatingvalue #buildassets #drivegrowth #beunique #ip #winwin

Protecting Ideas in Intellectual Property Services 1. Patents: • File for patents to protect inventions, processes, and new technologies. • Conduct a thorough prior art search to ensure uniqueness before filing. • Work with a patent attorney to navigate the complex patent application process. 2. Trademarks: • Register trademarks for distinctive logos, symbols, names, and slogans associated with products or services. • Regularly monitor and enforce trademark rights to prevent unauthorized use. 3. Copyrights: • Register original works of authorship, such as books, music, software, and art, with the appropriate copyright office. • Clearly mark copyrighted materials with the © symbol and the date to inform others of the protected content. 4. Trade Secrets: • Implement strong internal policies to maintain the confidentiality of proprietary information. • Restrict access to sensitive information and use non-disclosure agreements (NDAs) when sharing with third parties. 5. Contracts and Agreements: • Draft comprehensive contracts and agreements, including licensing agreements, to clearly define the terms of use and restrictions on intellectual property. • Include confidentiality clauses and non-compete provisions where applicable. 6. Employee Education: • Train employees on the importance of intellectual property protection. • Ensure that employment contracts explicitly address ownership of intellectual property created during employment. 7. Monitoring and Enforcement: • Regularly monitor the market for potential infringements of intellectual property rights. • Enforce rights through legal action, cease and desist letters, or negotiations when unauthorized use is identified. 8. Documentation: • Maintain detailed records of the creation, development, and usage of intellectual property. • This documentation can be crucial in proving ownership and defending against infringement claims. 9. International Protections: • Understand and utilize international intellectual property laws and treaties to protect assets globally. • Consider filing for protection in key international markets. 10. Stay Informed: • Keep abreast of changes in intellectual property laws and regulations. • Adapt protection strategies accordingly to addres