Posts By: David Carstens

How Much Do You Care About Your Right-to-Repair?

The two decade old Digital Millennium Copyright Act (“DMCA”) was intended to prevent circumvention of protective measures placed on copyrighted material such as movies and music.  In the absence, or perhaps scant presence, of legislative updates, the same laws used to govern movies and music have been extended to new technologies brought by the internet… Read more »

Everyone Copied My Code!!!

Over 75% of Americans use a smartphone today according to the Pew Research Center.[1] As a result of the large number of people utilizing smartphones, smartphone operating systems and applications are being developed at an ever-increasing pace.[2] For software developers, one question that is not often considered until it is too late, is what can… Read more »

Monkey Can Selfie But Can He Copyright?

What do whales, dolphins and porpoises have in common with a monkey of the Celebes crested macaques-type from Northern Sulawesi (Indonesia)? And how does that in turn connect with the concept of “next friend” in the context of “standing”? In fact, what is “standing”? All of these are brought together in a tale that starts… Read more »

Disgorgement of Defendant’s Profits as Damages for Trade Secret Misappropriation, and Reduction of Damages for Accessibility by Proper Means

Analyzing the monetary harm to a business through misappropriation of one or more trade secrets is fraught with difficulty.   How much does each specific trade secret contribute to the trade secret owner’s profit on each product? How important was each trade secret to the defendant’s accused product? What was the development timeline and did the… Read more »

Interview with Hope Shimabuku of Dallas Regional Office of USPTO

Less than a year ago, the US Patent and Trademark Office (USPTO) officially opened the doors to its new Texas Regional Office in Dallas. This regional office provides outreach services for inventors and entrepreneurs in the state of Texas, as well as Alabama, Arkansas, Louisiana, Mississippi, New Mexico, Oklahoma and Tennessee. David Carstens (DC) recently… Read more »

Copyright: Still Relevant after 500 Years

Copyright is used to protect original works of authorship that are fixed in a tangible medium of expression.  It is a useful tool to prevent the copying of books, software, and other valuable creative and useful works.  It was developed almost 500 years ago largely in response to the invention of the printing press in… Read more »

Is a Compulsory License the New Remedy for Successful Patent Litigation?

By David W. Carstens

A patent provides its owner with the right to exclude others from making, using or selling a patented product. These rights may be enforced by filing an infringement lawsuit. In such a lawsuit, the Patent Act empowers the court to issue an injunction against an infringer “in accordance with the principles of equity.”  So how is it possible to acknowledge and honor the right to exclude the making of an infringing product without always granting an injunction against the infringer of those rights? One Texas court is trying carefully to balance these principles of equity to determine when a permanent injunction is appropriate.