How do I stop the importation of counterfeit or infringing goods?

A major issue in our increasingly global economy is the importation of counterfeit or infringing goods. Often foreign countries do not recognize the same form of Intellectual Property rights as the US.  Often cited complaints are the creation of infringing goods in foreign countries and importation of these goods into the US.  This is a hot issue in countries with weak Intellectual Property rights, which makes it easier for the production and exportation of counterfeit or infringing marks. 

However, section 337 complaints, exclusion orders, the International Trade Commission (ITC) and the US Customs office enable intellectual property owners to protect their rights.  The ITC is a front line agency involved in preventing the importation of counterfeit or infringing goods.  Below is a simple summary of the ITC’s process and how it can aid Intellectual Property Owners.

Using the ITC to police and prevent the importation of Counterfeit and Infringing goods.

The Cat’s Paw Theory of Employment Discrimination

Quite often HR employees and corporate executives make decisions based on a subordinate or co-employee’s recommendation.  However, this may sometimes lead to the Cat’s Paw problem.  The Cat’s Paw theory was first brought to life in Judge Posner’s comments in Shager v. UpJohn Co., 913 F.2d 398, 405 (7th Cir. 1990). 

The idea is that a subordinate or co-employee uses the HR employee or corporate executive to discriminate against another.  For example, John does not like Joan, because she refuses to go out with him.  John, makes recommendations in a report from a corporate conference to Joan’s supervisor, Adam.  Adam adopts, references or uses the recommendations to tell HR not to promote Joan.  This can be enough to make the employer liable to Joan on a sex discrimination or harassment theory. 

The Cat’s Paw theory has received new life in EEOC v. BCI Coca-Cola Bottling Co., 450 F.3d 476, 484 (10th Cir. 2006).  However, there are decisions that take a middle ground approach on the Cat’s Paw Theory (Russell v. McKinney Hosp. Venture, 235 F.3d 219, 227 (5th Cir. 2000) and some that flat out reject the Cat’s Paw Theory (Hill v. Lockheed Martin Logistics Management, Inc., 354 F.3d 277 (4th Cir. 2003). 

This is an important issue in modern days where we are all multi tasking and often rely upon reports and recommendations from others to make decisions.  However, there are important policy considerations on both sides of the Cat’s Paw Theory and a more detailed analysis can be found in the aforementioned cases.  The BCI Coca Cola decision is provided for your consideration, entertainment and review.

EEOC v. BCI Coca Cola Co. of Los Angeles  

 Enjoy and Thanks!

Understanding Patent Claim Construction

Patent Claim Construction is the process by which a patent owner’s invention is defined.  The claims are the boundary and scope of the patent owner’s right to exclude others from practicing the invention.  Patent claim construction is at the heart of most infringement, non-infringement, design around, willfulness, equivalvence, and invalidity analysis. 

Courts interpret the language in a patent claim based on a variety of what are called claim construction principles.  Many of these are similar or analogous to statutory construction principles.  Courts typically interpret the claims in the context of what is called a Markman hearing.  Since the main focus of most patent litigation is claim construction, here is a copy of the Federal Circuit’s decisions on claim construction published by the IPLAC litigation committee.  

Enjoy and thanks! 

 A Review of the Federal Circuit’s Claim Construction Cases for 2005

Legal Disclaimer

Disclaimer:  It is important to note that nothing on this blog should be considered legal advice or an opinion relating to your legal needs. Moreover, nothing on this blog should be construed to create an attorney client relationship.  If you require legal services relating to employment or intellectual property law please contact our office to set up a consultation with one of our attorneys or consult another attorney. 

Vihar R. Patel is the author and retains copyrights to all of the contents on this blog.

Biotech Patents and Applying the FDA Exemption to Research Tools

This publication provides a detailed analysis of the biotech industry, patent law, the need to protect the incentive to produce new inventions without stifiling competition or the development of follow through inventions and the concerns of the owners of biotech research tool owners. 

It is a detailed analysis of the industry, policies, players, and proposes a modification to the FDA Exemption from patent infringement to permit courts to appropriately balance the interests involved.  The paper covers a variety of topics and principles relating to patent law, biology, Food and Drug Administrtion Regulations, the pharmaceutical industry, competition and antitrust theory, litigation and business strategy.   

 Thanks and Enjoy!

A proposed modification to the FDA Exemption from Patent Infringement.

Common Questions Employees have about Employment Law

This publication addresses some general and all too common questions that employees have relating to wages, discrimination, retaliation, and a variety of other employment issues.

It is written to provide answers to employees that may need some general information about their rights, remedies and how to resolve these employment issues they may encounter. 

Thanks.

Answers to Ten Common Questions on Employment Law

Understanding Sexual Harassment

Sexual harassment is an often misunderstood topic.  Many times employees and employers are unclear on what may or may not amount to sexual harassment, how it can be prevented and what to do if you are subjected to sexual harassment. 

The attached publications is a simple primer on sexual harassment and will provide information that will give you general answers to common questions relating to sexual harassment and hostile work enviornment scenarios.

Sexual Harassment Questions and Answers

Introduction

Hello

Welcome to the Intellectual Property (IP) and Employment law blog and thank you for visiting our blog.  This blog is designed to help entrepreneurs, individuals, small and mid size companies obtain information about issues they may be encountering relating to intellectual property and employment matters. 

We will provide updates of recent cases, changes or trends in the employment and intellectual property law areas.  We will provide comments, personal views, and synopsis of what is new and noteworthy in the areas of employment and intellectual property law.

We will eventually make weekly updates to this blog, so please continue to revisit to obtain new information that is pertinent to your business, employment, or daily life. 

Disclaimer:  However, it is important to note that nothing on this blog should be considered legal advice or an opinion relating to your legal needs. Moreover, nothing on this blog creates an attorney client relationship.  If you require legal services relating to employment or intellectual property law please contact our office to set up a consultation with one of our attorneys.

About the Author

Vihar started practicing law in 2001.  Vihar is a former Litigation Consultant with Animation Technologies Inc, an Illinois Assistant Attorney General, and Associate Attorney at Favaro & Gorman Ltd., with a deep understanding of litigation. Vihar focuses on the business, consumer, employment and intellectual property needs of entrepreneurs, individuals, small business owners and mid size companies.

Our Intellectual Property services emphasize the acquisition, development, licensing and protection of their intellectual property or often overlooked intangible assets. We can assist entrepreneurs, individuals and small business owners with prior art searches, opinion work, prosecution of copyrights and trademarks in front of the US Copyright Office/USPTO, and litigation in federal and state courts. 

Our Employment services emphasize the development of human resource policies, education of employees and personnel, negotiation, litigation and prevention of disputes.  We handle matters relating to compensation agreements, discriminaton, harassment, retaliation, drug testing, medical leave, equal pay, stock options, health insurance and retirement plans.  Our experience in representing plaintiffs and defendants in such matters assists in provding more comprehensive counseling services.   

Vihar has lectured on topics related to employment and intellectual property law at bar organizations and local schools. Vihar is a member of the trial bar for the Northern District of Illinois, licensed to practice in Illinois and the Seventh Circuit Court of Appeals.  Vihar has also published a number of legal writings and is a member of a number of local bar organizations. Vihar combines his knowledge of business, law, science and technology to develop creative solutions for his clients.

Based in Chicago, Vihar has a Masters of Law in Intellectual Property from DePaul University School of Law, a JD from Southern Illinois University School of Law, and a B.S. in Biology from Illinois Wesleyan University. 

Vihar R. Patel     Owner/Partner

VRP Patel Law Group P.C./ Enterprise Law Group

70 W.  Madison, Ste. 740, Chicago, IL 60602

Office: 312-578-0231        Fax: 312-578-0202  

Email: vihar@enterpriselg.com               Web: www.enterpriselg.com 

Author’s Photo

Welcome, Happy Holidays, and Thank you!

We wanted to take a second to wish you Merry Christmas, Hannukah,  Quanzah and Happy Holidays to each and everyone of our guests and visitors!  Whatever personal religion or holiday you celebrate, enjoy the time away from work and the time with family and friends!   We also wish you the best for the upcoming New Year!!

Thank you for taking the time to visit and read our blog.  We have an average of about 150 visitors a month and look to continue to expand our readers in the upcoming year.  We hope that you are able to find information that is useful for your business, legal and personal life! 

Welcome to the Intellectual Property (IP) and Employment law blog.  Thank you for visiting the site and use the categories and pages to the right to filter and find information on specific employment and intellectual property law matters that concern you.   If you have any specific questions or comments, then feel free to make a comment and I will address it as soon as I can. 

Sincerely,

Vihar R. Patel

12/25/08