The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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Patents Endow Their Holders With Certain Superpowers, But Only For A Limited Time. — Justice Kagan.

August 28, 2015 by

Patent

In 1990, an inventor obtained a patent for pressurized foam that can be shot in a way that mimics a spider’s string. Marvel Entertainment makes and markets products featuring Spider-Man, and Marvel began marketing a Web Blaster which shoots out foam, but without remunerating the inventor. Litigation for patent infringement ensured in 1997, and was […]

Filed Under: Intellectual Property News, Legal News, Patent Law News, U.S. Supreme Court Tagged With: 13 L.Ed.2d 99, 135 S.Ct. 2401, 192 L.Ed.2d 463, 379 U.S. 29, 85 S.Ct. 176

No Duty To Defend In Disparagement Case.

August 14, 2014 by Leave a Comment

Duty To Defend

An insurance company denied patent and trademark liability coverage to a manufacturer of goods and services because the suit did not allege the company disparaged its competitor. The appellate court agreed with the insurance company that it had no duty to defend. The case was eventually heard in the California Supreme Court which held:  “We […]

Filed Under: California Supreme Court Law News, Insurance Law News, Intellectual Property News, Legal News, Patent Law News, Tort Law News, Trademark Law News

New Standard Set To Test Whether A Patent Is Ambiguous.

August 7, 2014 by Leave a Comment

Patent

The United States Supreme Court remanded a patent case involving a heart rate monitor used with exercise equipment to the Federal Circuit to apply a new standard regarding whether or not a patent is ambiguous. The high court stated: “[W]e hold that a patent is invalid for indefiniteness if its claims, read in light of […]

Filed Under: Legal News, Patent Law News, U.S. Supreme Court

No Liability For Inducing Patent Infringement.

August 7, 2014 by Leave a Comment

Patent Infringement

A patent claims a method of delivering electronic data using a content delivery network [CDN]. The exclusive licensee of that patent designates certain files, a process called tagging. Another technology company also operates a CDN and carries out several of the steps claimed in the patent, but instead of actually tagging, it provides instructions for […]

Filed Under: Legal News, Patent Law News, U.S. Supreme Court

You Can Trust Me With Our Nondisclosure Agreement; Tell Me About Your Invention.

July 9, 2014 by Leave a Comment

nondisclosure agreement

During negotiations, which were the subject of a nondisclosure agreement, an inventor described the invention of “digital stamping technology” [DST]. After negotiations failed, the inventor discovered the other party to the negotiations had filed for patents encompassing its DST. After a court trial, the court awarded the inventor damages, prejudgment interest and attorney fees. On […]

Filed Under: Appellate Law News, Business Law News, Intellectual Property News, Legal News, Patent Law News

U.S. Supreme Court Rules On Attorney Fees Issues In Two Patent Cases On The Same Day.

July 1, 2014 by Leave a Comment

Attorney Fees

35 U.S.C. § 285 states: “The court in exceptional cases may award reasonable attorney fees to the prevailing party.” In 1982, Congress created the Federal Circuit Court and vested it with exclusive appellate jurisdiction in patent cases. For the next two decades, the Federal Circuit Court instructed district courts to consider the totality of the […]

Filed Under: Attorney's Fees News, Legal News, Patent Law News, U.S. Supreme Court

Non-Disclosure Agreement: Whoever Keeps His Mouth And His Tongue Keeps Himself Out Of Trouble.  Proverbs 21:23.

June 25, 2014 by Leave a Comment

non-disclosure agreement

An inventor of a memory chip design brought an action against defendants alleging misappropriation of trade secrets, unfair competition, breach of contract and related causes of action, but the amended and operative pleading was only for breach of contract. A jury found the defendant breached the non-disclosure agreement signed at the outset of negotiations and […]

Filed Under: Appellate Law News, Business Law News, Contract Law News, Legal News, Patent Law News, Trade Secret Law News

Burden Of Proof In Patent Case Brought As A Declaratory Relief Action.

March 18, 2014 by Leave a Comment

The dispute revolves around a license given to licensee by licensor/patentee to practice certain of licensor’s patents in exchange for royalty payments. Licensor contended licensee infringed the licensed patents, and licensee challenged that assertion of infringement in a declaratory relief action. The district court concluded licensor/patentee, as the party asserting infringement, had the burden of proving […]

Filed Under: Legal News, Patent Law News, Procedural Law News, Trial Law News, U.S. Supreme Court

Nurses: A Shot In The Arm.

September 19, 2013 by Leave a Comment

The California Supreme Court decided who may administer insulin to diabetic students, in light of “a longstanding shortage of school nurses.” In 2007, California’s Department of Education stated that “trained school personnel who are not licensed health care providers may, when no nurse is available, administer insulin pursuant to medical orders of students’ treating physicians.”  The […]

Filed Under: California Supreme Court Law News, Health Care Law News, Legal News, Patent Law News

Spiderman Not Able To Combat His Foes.

August 21, 2013 by Leave a Comment

patent infringement

Plaintiff invented a SpiderMan toy that allowed a user to mimic the superhero with foam string. Thereafter a rival produced a similar SpiderMan role-playing toy. Plaintiff sued the rival for patent infringement. The parties settled while the underlying action was pending, with the rival agreeing to purchase the patent. Their agreement had no expiration date, and […]

Filed Under: Contract Law News, Legal News, Ninth Circuit Court of Appeal Law News, Patent Law News

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
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10.0Mark Albert Mellor

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