Don’t Get Sued: The Critical Mistake Patent and Trademark Holders Must Avoid #innovation #patents


Video Transcript

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hello I’m Gary Shuster and welcome back to Innovation Cafe today I want to talk briefly about what not to do if you want to avoid getting dragged into US District Court over your intellectual property if you create a case or controversy meaning you accuse someone of infringing you send a letter saying you might want to license this because I think you’re infringing that’s a case or controversy federal courts in the United States can only hear actual cases or controversies so if you just happen to have a patent and some someone else happens to be doing something similar as long as you don’t create a controversy or a case over where they’re they’re infringing it they can’t take you to federal district court and try to get it invalidated now this isn’t really something you need to worry about so much with copyright because those are sort of set in stone and much harder to invalidate but trademarks and patents in particular can end up getting challenge in Federal District Court be careful don’t create that case or controversy

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