Hovey Williams, LLP

Introduced by the House and Senate in March, the Patent Reform Act of 2009 has gathered mixed reactions from corporations in high-tech and other industries. In particular, the most disputed aspect of the pending bill is a damages provision limiting damages in patent infringement cases based upon the specific contribution over the prior art provided by the invention.

“Green” technology and new businesses catering to the desire to be environmentally friendly are everywhere. And while those involved may not realize it, intellectual property issues abound. Successful companies will take advantage of opportunities to protect intellectual property rights in their green inventions and services.

Although there was some initial concern that the decision from In re Bilski last Fall would have a negative influence on software-based inventions in the future, the result is that the case has had little discernable effect on patent appeals. In fact, it has been found that the Board of Patent Appeals and Interferences (BPAI) had already been using a Bilski-like rationale when reviewing method patents since at least January of 2008 - several months before the landmark case.

A right is only as strong as the remedy enforcing the right. Moral principles aside, this old legal adage succinctly identifies the proposition that if a plaintiff’s best possible outcome of a lawsuit is relatively small, the underlying right is not worth much. Fortunately, the breadth of damages provided for patent infringement makes a patent’s exclusivity worth fighting for. Indeed, patent infringement judgments can easily exceed tens of millions of dollars.

Have you ever thought about purchasing a netbook as an easy way to browse the web on the go? Is the device that came to mind a particular ultra-portable computer by Psion that was introduced in 1999? If not, then you are certainly not alone. In fact, such a lack of source identification may have netbook joining the illustrious ranks of aspirin, linoleum, escalators, and zippers. All of these terms have lost trademark protection after they became “genericized.”

Through our efforts to provide exceptional client service and keep you current on our recent firm activities, we are providing this section with the latest news and recent developments from Hovey Williams. In this issue you will find information about our in-house counsel survey, new policies and procedures, and our people in the news.