Benjamin Appelbaum, Attorney at Law

March 2017 Archives

Removal of delay defense for patent cases

Inventors in New Jersey may be interested to learn of a decision by the United States Supreme Court regarding patents. In a ruling that adhered to the reasoning of a 2014 decision that eliminated laches in copyright suits, the court decided that the doctrine of needless delay does not apply to patents. The court determined that the statute of limitations established by Congress to restrict the amount of time for which plaintiffs may collect financial damages prevented judges from being able to authorize the older power of laches.

Dispute regarding Andersen trademark

New Jersey business owners may be interested to learn about the developments in a trademark case involving a French organization, Arthur Andersen International, and another firm based out of San Francisco, Andersen Tax. Both firms assert that they own the Andersen trademark. Arthur Anderson International claims in a recent announcement that it had revived the name and world-wide reach of the non-operational accounting firm that went out of business because of the Enron scandal, while Andersen Tax stated that it resurrected the name three years ago.

Appeals court reverses infringement case and says patents invalid

The ruling of a federal appeals court involving Apple Inc and Smartflash LLC highlights issues that could be of concern to inventors or companies in New Jersey that want to protect their intellectual property. The appeals court rejected a previous jury verdict that had awarded a settlement of $533 million to Smartflash. In a lawsuit filed in May 2013, Smartflash's founder alleged that Apple's iTunes software had used elements originally patented by his company.

Startups should not skimp on protecting intellectual property

Small businesses and startups in New Jersey might pay more down the road if intellectual property goes unprotected, according to one lawyer who practices intellectual property law. She cautions entrepreneurs not to dismiss costs for setting up copyrights, patents, trademarks or trade secrets as nonessential.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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