Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

 
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Entries in patent infringement (2)

Friday
May102013

Divorce and Patents

In Taylor v. Taylor Made Plastics, 2013 WL 1798964 (USDC MD FL, 2013), Judge Kovachevich dismissed the plaintiff's patent infringement lawsuit because the plaintiff, one of the joint owners Mr. Taylor, failed to join all other co-owners (i.e. Mr. Taylor's ex-wife, Ms. Taylor).

Two things to take from this case:

  1. Before bringing suit for patent infringement or answering a complaint, investigate if all of the owners have been joined, , especially when the plaintiff is an individual and may be divorced; and
  2. When drafting a divorce settlement (or any other redistribution of property) involving a patent as marital property, address the issue of ownership of patents and other IP explicitly and consider the distributions affect on standing;  compare Enovsys LLC v. Nextel Communications, Inc., 614 F.3d at 1335-36.

by Loren Pearson

Wednesday
May112011

TiVo settles patent dispute with Dish Network for $500 million

TiVo and Dish Network settled a long-running patent infringement lawsuit for $500 million.

The underyling patent at issue was US Patent 6,233,389 for a "Multimedia Time Warping System".  Interesting title.

The substantial settlement was forced after a judge ruled that Dish and its parent EchoStar that the two companies would have to disable their DVR offerings and pay $90 million to TiVo.

This illustrates a fundamental right of all property, including intellectual property: the right to exclude.  Without the settlement, the court affirmed TiVo's right to exclude others from using its invention.  This is much more valuable than $90 million damages and lead to the larger settlement.

If you have invented the next time warp, or just want to exclude others from using your invention, request a patent consultation with Loren Pearson.