How Wirtgen Won Their Patent Infringement Case Over Caterpillar 14 Nov 2024, 8:18 pm

Most of us know about Deere & Co., the company behind the big John Deere vehicles. But fewer know about the name of the Deere & Co. subsidiary, Wirtgen Group. Despite this, they are a leading company in road construction and road construction technology. They have an emphasis on sustainability and innovation that makes them stand out — especially when it comes to their cold milling machines. 

So when Caterpillar Equipment & Solutions started using a road milling technology similar to the patented IP that Wirtgen had, they took action. Last February, that action paid off: in a jury verdict that awarded $12.9 million in damages to Wirtgen. 

Let’s take a closer look at the case in today’s blog.

Wirtgen’s Cold Milling Machines

Road milling, or cold milling, is the practice of removing the top layer of asphalt from a road so that the road can be repaved. Though this is generally a tricky process that involves expensive, bulky machinery, Wirtgen created smaller cold milling machines that could work with widths as small as 1⅙ foot or as large as 14.42 feet. Their machines also offer a larger than average number of milling drums, allowing them to meet a wide range of milling demands. This allows roads to be milled in a more efficient, cost-effective way.

The Case

In 2017, Wirtgen sued Caterpillar for infringement of six of their patents, all to do with the technology behind their cold milling machines. The case was heard in Delaware courts before a jury. Caterpillar argued that their machines did not infringe upon Wirtgen’s patents, and in fact, countersued that Wirtgen had infringed upon their patents.

But with little proof behind this, Caterpillar’s countersuit was dismissed. Ultimately, the jury sided with Wirtgen, agreeing that Caterpillar had infringed on 5 out of the 6 patents in question. Caterpillar was ordered to pay Wirtgen $12.9 million in damages as a result. 

What To Learn From This Case

One thing that sticks out about Wirtgen’s case is that they had multiple patents protecting aspects of their cold milling machines. This sort of thoroughness is part of what allowed them to protect their intellectual property in court. Rather than simply patenting one key feature or a larger portion of the machines, they patented whatever could be patented. Doing so allowed their cold milling machines to remain unique and their business to stay at the head of the road construction technology industry.

At Garcia-Zamor, we can take care of all of your patent needs for you. We will fill out the paperwork and go through the process of filing all applicable patents. That way, when someone tries to take credit for your work, you’re protected by IP law.

Contact Garcia-Zamor today to learn more about how we can help you defend your intellectual property rights!

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Kona Ice Sends An Ice Cold Message To Patent Infringer! What To Learn From Kona Ice vs. Tikiz 13 Nov 2024, 8:10 pm

In less than two decades, Kona Ice went from a small shaved ice food truck in Northern Kentucky to a shaved ice giant with over 1,800 franchises across the United States. Their brightly colored food trucks and their penguin mascot are easily recognizable by kids and adults alike. Part of their success comes down to their vast intellectual property portfolio, which recently allowed them to win a major patent infringement case against competitor, Tikiz, with a verdict of over $500,000.

Who Is Kona Ice?

Kona Ice opened in 2007 in Florence, Kentucky, offering friendly service and gourmet shaved ice in a variety of flavors. Since then, they have opened over 1,800 franchises serving 49 states and have made Entrepreneur Magazine’s Franchise 500 List for 11 consecutive years. They’ve also been named one of the “Top 100 Most Innovative Franchises” by the Franchise Business Review. 

The franchise has an extremely distinctive look and feel from their competitors for the most part, due to an extensive portfolio of intellectual property protections. This includes both design and utility patents for their shaved ice truck, which became the subject of their case against Florida competitor, Tikiz.

Kona Ice vs. Tikiz

In 2017, Kona Ice sued Tikiz for patent infringement, concerning their US Patent No. 9751447. The patent covered the design and function of their shaved ice vehicles, which often depicted their penguin mascot in a tropical setting, offering the viewer a shaved ice treat. Tikiz’s food truck took on a similar design, but with their tiki torch mascot. They also had a similar “liquid toppings dispensing system.” All told, Kona Ice cited sixteen patent infringements by Tikiz.

Tikiz then filed a declaratory judgment action against Kona Ice, which presiding U.S. District Judge K. Michael Moore dismissed. After several key wins in early hearings, the case eventually went to a jury trial. In June of 2024, the jury ruled that Tikiz performed willful patent infringement and that they owed Kona Ice $532,905 in reasonable royalties. 

What To Learn From This Case

This was a major victory for Kona Ice, and allowed them to maintain their distinct appeal on the market. It also sent a message to competitors about how seriously Kona Ice takes intellectual property infringement. Undoubtedly, one of the reasons they were able to win this case was because they took such care to have an extensive IP portfolio, full of granted patents, registered trademarks, and more.

During the case, Tikiz attempted to argue that Kona Ice should not have been granted the patents about their shaved ice vehicles, as it conflicted with patent applications that already existed. But ultimately, Kona Ice had the documentation to support their case, both the rights to the patent and proof of Tikiz’s infringement.

Hiring an experienced intellectual property attorney can be a major boon when it comes to protecting your business from IP infringement. The team at Garcia-Zamor has over two decades of combined experience filing IP protections for clients and helping them to defend against infringement. We’re here to help you. Contact us today to learn more.

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The Future Of Home Healthcare is Protected By Patents! Recent Patents And What They Mean For Home Health 18 Oct 2024, 3:42 pm

The recent pandemic and changes to the way we view our health has made at-home healthcare more important now than ever. People like to be able to keep a finger on the pulse — pun intended — of their health, even from the comfort of their own home. Fortunately, there are recent innovations that make that possible and more convenient than ever. When those innovations are patented, they can be shared with the world while the company’s IP remains protected so that they can continue to thrive and put out new innovations. One great example of this is Reperio Health’s patents for biometric screening. So let’s get into it!

Who Is Reperio?

Reperio is an Oregon-based home-health company that focuses on biometric screening. They provide wellness kits that allow individuals to measure blood pressure, cholesterol, glucose, and other health indicators. Based on the screenings, individuals can know if they might need to make lifestyle changes or schedule a visit to a doctor. The home health startup was founded in 2020 at the height of the pandemic, but has already been met with great success. 

The Patents and What They Mean For Home Healthcare

Reperio was granted their first patents in November of 2022 for the technology behind their biometric screening devices. It laid out what was included in the home-health kits, how they worked, as well as the bluetooth connection of all devices in the wellness kits so that medical information can quickly be shared with providers and viewed within their app. 

Obviously, Reperio was offering their wellness kits before the patents were granted, though it was likely already pending — which still offers its own protection. Now with granted patents, Reperio can continue to build off of their wellness kits and other technology without fear of competitors stealing their work. On their website, they boast that the technology has “limitless possibilities,” which could mean more at-home solutions to healthcare and more accessibility to individuals.

For now, the wellness kits exist as something that Reperio can offer. However, other companies could potentially offer at-home screening kits that use different processes, so long as it does not infringe on Reperio’s patents. And with Reperio’s success, that’s likely to happen.

If you have a great idea for convenient home-healthcare solutions that you want to share with the world, make sure you apply for a patent first. Patents can help protect your work as you go, thus protecting your hopes of success and future innovation. An IP attorney like those of us at Garcia-Zamor stand ready to help. Contact us today to learn more about steps you can take to protect your intellectual property.

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Celebrate and Protect Innovation! 3 of the Most Exciting Patents of 2024 So Far 4 Oct 2024, 8:28 pm

As we move into the final quarter of 2024, we at Garcia-Zamor are looking back at some of the patents that have been issued this year. There have been huge innovations in the field of technology, healthcare, safety, and so much more. And because these inventions have been patented, inventors can go on sharing them with the world and continue to advance in their innovations. Today, let’s look at three of the most exciting patents of 2024 so far.

Peptoid-based inhibitors of the protein arginine methyltransferase (PRMT) family

If you’re not in the medical field, the above patent name may sound like garbled nonsense. But for those fighting against cancer, this patent issued in June of this year to University of North Florida (UNF) researchers could be world-changing. UNF has previously studied the prevalence of peptoids in cancer diagnosis. 

The current research related to this patent is all about how to activate the process in which peptoids could actually kill cancer cells. The patent itself is for peptoid-based inhibitors designed for this exact purpose. Although they are still early in the development, researchers say that their work has been promising in hopes of fighting aggressive cancers.

Mobile Conversion Apparatus For Docking Cellular Data Devices

Siyata Mobile has made their name by creating push-to-talk over cellular technologies, especially for drivers to be able to answer calls safely and conveniently. They recently received a patent for their V7 vehicle kit, which includes a 10-watt speaker, slide-in connection sleeve, and an antenna connection for areas where connection may be weak. These technologies allow busy drivers to keep their eyes on the road and their focus on driving, without ever missing a call.

System and Methods to Facilitate Safe Driving

Speaking of driving, SaverOne 2014, Ltd. was recently granted a patent that will hopefully reduce automobile accidents and encourage safe driving. The system can be installed into vehicles in order to cut down on incidents of distracted driving, one of the major causes of accidents each year. While driving, apps such as messaging are disabled while apps such as navigation remain running without intervention. This allows drivers to cut back on the amount of time spent fiddling with their phone.

Protecting your innovations with patents helps to ensure that you can one day share your creations with the world — before competitors try to take the idea for themselves. If you want to come out with one of the most exciting patents in the next few years, reach out to Garcia-Zamor today to learn more about how we can use our 20+ years of intellectual property law experience to help you.

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Protect Your Own Beat! Recent Copyright Cases in the Music Industry 1 Oct 2024, 1:14 pm

There’s something magical when a song you’ve been working on comes together. That killer beat or hook, the melody that just flows. Musicians take pride in their music, and in a saturated music industry, a song that stands out is essential. But sometimes another musician will try to get a quick success by copying one of your songs a little too closely. Inspiration is one thing, but when your song is outright copied, it turns into a copyright issue.

Protecting their musical lyrics or melodies with copyright registration is a longstanding tradition of successful musicians. In fact, here are a few recent copyright cases in the music industry.

Nealy vs. Warner Chappell Music, Inc. (2023)

Warner Chappell Music is a publishing subsidiary of the record giant, Warner Magic Group. They’ve worked with musical acts like Zach Bryan, Dua Lipa, Madonna, and — most relevant to this case — Flo Rida. So it’s not every day that a smaller, independent music producer wins a case against such a notable name. But that’s what happened when the US Supreme Court ruled in favor of a copyright case brought forward by Miami music producer Sherman Nealy. 

One critical aspect of this case was that the court ruled there was no time limit to recover monetary damages in copyright cases as long as they have been filed before the end of the statute of limitations. In 2008, Flo Rida included parts of “Jam the Box,” originally released by Nealy, in his song “Into the Ayer.” Nealy’s suit claimed that Warner obtained an invalid license to use the song from former business partner, “Pretty Tony” Butler, while Nealy was incarcerated. 

Nealy made the suit in 2018, ten years after the infringement. However because of the Supreme Court ruling this year, he was able to recover damages for the infringement within three years of his suit. 

Steely & Clevie Reggaeton Lawsuit (2023)

You’ll have to forgive the shorthand for this lawsuit, because it included over 100 involved parties. There’s a reason that Billboard.com called it the biggest copyright music case in 2023. It centered around a 1989 reggaeton instrumental hit, “Fish Market,” released by Wycliffe “Steely” Johnson and Cleveland “Clevie” Browne. The song introduced the “dembow riddim” beat that went onto define the genre. Over 1,800 reggaeton songs have featured this beat. Many reggae fans question what the genre is without it.

Which is what makes it so significant that Johnson and Browne sued over 100 reggae artists in 2023 for copyright infringement due to the use of dembow riddim. The case involves artists such as Bad Bunny, Daddy Yankee, Fonsi, Rauw Alejandro, and even Justin Bieber. If Johnson and Browne win their case, it could be a deciding factor in the ability to essentially hold a monopoly over an entire genre.

National Music Publishers Association vs. X Corp (2023)

Music is an integral part of social media these days. You can add popular musical tracks to Instagram posts, TikTok videos, and more. But one of the only social media platforms that has refused to acquire licenses for the music their platform uses is none other than X, formerly known as Twitter. At least, this is what National Music Publishers Association claims in their 2023 copyright infringement complaint. The suit claims that Twitter has infringed on nearly 2,000 songs and from famous artists such as Taylor Swift, Beyonce, and more. 

In a split ruling in May of this year, Judge Aleta A. Trauger, dismissed the claim that Twitter had directly infringed any music copyrights. However, the case has been allowed to move forward on the core claims that Twitter has enabled copyright infringement by refusing to enforce any action against users who practice copyright infringement on their platform. 

Some of these cases may still be pending, but they all highlight the importance of protecting your rights to your own musical intellectual property. That’s where Garcia-Zamor comes in, to help with copyright registration and advice on how you can protect your intellectual property. Contact us today to learn more about how we can defend your unique beats.

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10 Recent Trademark Cases Around Software Development 3 Sep 2024, 5:12 pm

So much of our world today is digital. With software, we connect with friends and family all over the world, play games, run businesses, pursue education, and so much more. As technology continues to advance at a rapid pace, software developers race to stay on top. Naturally, intellectual property rights are essential to successful software. It’s a common subject matter for trademark infringement cases. In today’s blog, let’s talk about 10 trademark cases related to software from the last 20 years.

Meta Platforms, Inc. vs. Meta.is, Inc.

In October of 2021, social media giant Facebook changed their company name from Facebook, Inc. to Meta Platforms, Inc. The goal of this rebranding was to “refocus on building the metaverse.” Meta now owns Facebook, Instagram, Threads, and more. Meta.is is an artistic experience brand which began operating in 2010. In 2018, they sued Meta Platforms, Inc. for trademark infringement, claiming that a Facebook executive even attended one of their events in 2017 before the name change occurred. 

While that case has not been resolved in Meta.is’s favor, Meta Platforms, Inc. has since countersued Meta.is for — you guessed it — trademark infringement. The issue here is not, it seems, how long the name has been used but rather who has the right to the Meta trademark. But as the case is still ongoing, it will be some time before we learn the court’s ruling.

Apple, Inc. vs. Prepear, Inc.

Apple is another brand that just about everyone knows. Whether it’s for their computers, their phones, or their streaming service, Apple is a giant in the world of technology. Prepear, on the other hand, is a cooking app that allows cooks to find recipes, save them into cookbooks, create custom meal plans, and even buy groceries. 

The services are very different, but initially, the logo that Prepear applied for trademark registration seemed to be an homage to the Apple logo, with a very minimalist image of a pear. Apple sued Prepear over this, and the two parties settled in 2021, with Prepear agreeing to modify their logo.

Microsoft Corporation vs. Apple, Inc.

Microsoft and Apple have been rivals for decades, especially in the computer manufacturing sphere. However, in 2008, this led to a trademark opposition. Apple filed to register a trademark for the term “APP STORE.” Apple claimed this was distinctive to their brand as “app” could be short for both application and apple. However, Microsoft opposed the trademark application claiming that it was “descriptive” and thus could not be trademarked. In 2012, Apple withdrew their trademark application.

Oracle America, Inc. vs. Google, LLC

You may not know the name Oracle, but you likely know about Java. This programming language is all over the world of coding and technology, and it’s owned by Oracle. In 2021, Oracle sued Google over their use of Java API. When Google decided to create the Android mobile platform, they considered using Java but eventually decided to use an open source option instead. However, they used the Java API as a basis for their API, and Oracle claimed that APIs were copyrightable, Oracle sued them for copyright infringement.

In the end, the Supreme Court ruled in favor of Google, claiming that Google’s use of Java API was fair use.

Slack Technologies, Inc. vs. Atlassian Corporation PLC

In the 2010s, Atlassian Corporation, an Australian-American company offering digital products for software developers and project managers, released a chat app called Stride. Slack, already a leading business chat app, noticed the similarities to their own name and brand and sued Atlassian for trademark infringement. In 2018, Atlassian agreed to discontinue Stride. This case even has a happy ending, as Slack and Atlassian have since partnered with each other to combine their offerings.

Dropbox, Inc. vs. Thru, Inc.

Dropbox and Thru offer similar services: cloud-based file sharing, allowing users to back up their files to the cloud and share them with others. However, at one point, Thru also referred to their file sharing system as a “dropbox.” Dropbox sued Thru for Trademark infringement. Thru argued unfair competition and attempted to cancel Dropbox’s trademark registration over the word. But in 2017, the court sided with Dropbox and awarded them $2.3 million. 

Zoom Video Communications, Inc. vs. RingCentral, Inc.

This was an issue of breach of contract between two video conferencing companies. In 2021, RingCentral was a reseller of the larger video conferencing software, Zoom. However, when Zoom started to have technical delays that proved detrimental to RingCentral’s customers, RingCentral started instead promoting their own homegrown conferencing software. Zoom sued them for a breach of contract, and RingCentral claimed that Zoom had breached contract by having such substantial delays in updates. The case was a rather heated dispute which only recently settled.

Uber Technologies, Inc. vs. Uber Promotions, Inc.

This case was fairly cut and dry. Uber Technologies has been in business, first with ridesharing and then with food delivery and more, since 2009 operating under their trademark registered brand name, Uber. Uber Promotions was a more recent Florida-based marketing company which Uber swiftly sued for trademark infringement. In 2016, the court sided with Uber Technologies and ordered Uber Promotions to change their name.

Tinder, Inc. vs. 3nder, Ltd.

3nder was a dating app which was released in 2014 and quickly caught the attention of Tinder — mostly due to its similar name. Tinder Sued for trademark infringement. In 2016, 3nder agreed to change their name to Feeld, under which they still do business to this day.

Snapchat, Inc. vs. Snap Interactive, Inc.

Snapchat is a social media platform famous for its “Snaps”: short videos that disappear once they’re watched. Snap Interactive is a New York based social app developer. Close enough, right? That’s what Snapchat thought when they sued for trademark infringement. In 2016, the parties settled and Snap Interactive agreed to phase out the use of their “Snap” branding.

In almost all of these cases, having a registered trademark was pivotal in proving trademark infringement or defending the right to use a particular branding element. No matter how large or small your business might be, it’s more important than ever to make sure you apply for trademark registration for all of your branding elements. Or better yet, have your skilled IP attorneys at Garcia-Zamor apply for trademark registration on your behalf.

With over two decades of combined experience in the field of intellectual property law, Garcia-Zamor is here to protect all of your trademarks and intellectual property. Contact us today to learn more about how we can help you.

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Pandas, Twisters, & Food Trucks, Oh My: Recent Food Truck IP Lawsuits 9 Aug 2024, 8:43 pm

Branding is everything for food trucks. Because they do business by roaming around the community rather than having one fixed location, a food truck’s brand is how customers can find it and follow any news or stops for the day. That’s why when there’s a potential IP infringement, food truck owners take it seriously. In today’s blog, let’s break down a few recent IP lawsuits surrounding food trucks and what you can learn from them.

Twisted Tater Food Truck & Twisted Taters

This case, at least this early on, seems fairly clear cut. A tale of two food trucks in Indiana: Twisted Tater Food Truck filed a recent trademark infringement complaint against Twisted Taters given the obvious similarities of their names. They both operate in the same state, but the plaintiff has been operating as Twisted Tater Food Truck since 2012 with a state registered logo since 2016. Twisted Tasters has been operating since 2021. 

The plaintiff received a state trademark registration for the wordmark TWISTED TATER in April of 2024, shortly before filing suit. They have also applied for federal trademark registration, but may be denied given the amount of federally registered trademarks that are similar, such as “Twister Fries” and “Twister.” It’s too early to say what the defendant’s case will be, but if the plaintiff were to run into any issue with this case, it would likely be not having applied for trademark registration sooner.

Trash Panda Vegan vs. Panda Express

Panda Express is a national franchise, the largest American Chinese food chain in the United States, and already known to many for their name and adorable panda logo. Nevertheless, after Chef Krystal Mack filed for trademark registration for her South Phoenix food truck, Trash Panda Vegan, Panda Express took umbrage with some alleged similarities to their own brand. They’ve since sent a cease-and-desist to challenge Trash Panda Vegan’s trademark.

There are a few notable differences in the branding of each party. For one thing, Trash Panda Vegan is a food truck offering plant-based comfort food, while Panda Express offers American Chinese cuisine. Panda Express’s logo is a simple picture of a panda against a red background. The Trash Panda Vegan logo features a panda popping out from a trash can, holding a burger, set against a green triangle background. However, one important point in this case is that Panda Restaurant Group, the owners of Panda Express, claim ownership over the use of the word “Panda” for any restaurant. Whether this holds up in court may make all the difference.

Chef Mack has stated that she plans to push back against the cease-and-desist, arguing that a small business food truck won’t make a dent in the earnings of a billion dollar franchise such as Panda Express. 

The Importance of Trademark Registration

Intellectual property in the restaurant industry can be a complex topic. Even when restaurants serve vastly different foods, have different business models, and vary in terms of reach and popularity, a registered trademark is the linchpin that determines the outcome in most cases. This is why it’s imperative to apply for trademark registration while setting up your business, even before you launch.

Fortunately, Garcia-Zamor is here to help. We have over two decades of combined experience when it comes to trademark law and IP law in general. We can conduct all the trademark research you need, apply for trademark registration, and challenge trademarks that infringe upon yours. Contact us today to learn more about how we can help you protect the IP of your food truck. 

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Navigating Film Rights and Other Adaptations For Authors 30 Jul 2024, 2:37 pm

Authors are dreamers, so it’s only natural that most of them have big dreams for their books. One dream that many authors hold is that of seeing their book turned into a film, TV series, or other form of media. Watching the story that remained in your head for so long play out in front of your eyes is a rare privilege that many authors aspire to — but to achieve it one day, you need to understand your intellectual property rights. Film rights and other adaptation licenses are key in these kinds of negotiations, as is having the right legal support.

Understanding Copyright and Film Rights

When you write a novel, you hold the copyright to that story. That means that no one is able to, well, copy your book — or adapt it — without your say-so. You will need to register that copyright in order to defend it in court, but once done, you have the full say on how your book is copied and adapted.

Which is why, if a film studio decides to make a film based on your book, they have to come to you to option the film rights. The film rights give a film studio the right to create a film or TV show based on your book, but nothing else. They do not then own the copyright of your book, nor do they have control over any other types of adaptations: plays, podcasts, and so on. For these further adaptations, creators will need to obtain other licenses from you.

In self-publishing and most traditional publishing scenarios, the film makers will have to buy the film rights from you directly. However, in rare cases, traditional publishers may include a clause in their contract which dictates that they own the film rights to your book. If this is the case, not only will you have no say in what studios option the film rights but you will not earn anything from the movie or TV adaptation rights. Understandably, this is not an ideal contract for most authors which is why it’s important to have a literary agent and an intellectual property attorney look over the contract before you sign anything. 

How Much Say Do Authors Get In Film Adaptations?

One question that authors frequently ask when thinking about film adaptations of their novels is how much say they’ll retain over the film adaptation. We’ve all seen film adaptations that utterly missed the point of the novel and turned it into something it wasn’t. However, the control you’ll have over the film varies — and often, it’s not very much.

While the book might belong to you, once the film rights are sold, the film belongs to the filmmakers. Occasionally, authors might be brought on as consultants. In a few rare instances, the author has even served as the screenwriter for the film. But it’s important to know that these circumstances are not the norm for film adaptations. 

Authors have voiced their dissatisfaction with film adaptations in the past when filmmakers made choices they had no control over and disliked. One notable example was Rick Riordan’s disdain for the 20th Century Fox film series based on his middle grade fantasy books, Percy Jackson & the Olympians. Riordan, a schoolteacher, told other teachers not to show students those films and in 2018 released multiple emails he had sent to the filmmakers, expressing concern over the choices that were made. But ultimately, the film belonged to Fox and Riordan had no influence.

If the film adaptation being true to your book is important to you, it’s key to only option the film rights to filmmakers that you trust. You should also have your IP attorneys at Garcia-Zamor draft a contract for you to outline any necessary stipulations. For instance, if your book was written with a diverse cast of characters and you worry about that being erased in the films, make sure that’s specified in the contract. Additionally, selling film rights does not guarantee that the film will ever actually be made. In these cases, it may help to include a period of time after which the rights might revert back to you. 

The more stipulations are included in the contract, the more hesitant film studios might be to buy the rights. You will have to figure out what’s important to you, whether it be the money and financial security that you would earn from the film rights or having the film adaptation of your dreams.

If you’re considering selling the film rights to your book — or simply want to be prepared for any adaptations — Garcia-Zamor can champion for you and make sure your IP rights stay protected. Contact us today to learn more. 

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Did Apple, Google, and Microsoft Commit Patent Infringement? 25 Jul 2024, 6:24 pm

Few names in the tech industry are bigger than Apple, Google, and Microsoft. So when all three face patent infringement, the news garners attention. In this case, Keith Kraft, the founder of Never-Search, has filed complaints against all three tech behemoths for patent infringement of no less than eight patents. All eight patents are related to mapping technology that identifies “points of interest” nearby, stores them, and adds them to the map display. 

Does Never-Search have a case, or is it a matter of aiming for clout due to the size of the three companies they’re suing? Let’s discuss in today’s blog.

What Is Never-Search?

Never-Search was founded in 2004 by Keith Kraft, as a map of every golf course across the United States. What made Never-Search stand out was its “Points of Interest” feature. Through the map itself, users could find information about each location so they could decide whether or not to plan a visit, without having to search through the rest of the internet for more information. This is what earned Never-Search their name. In 2006, Never-Search began to include email address contact information for each golf course.

The Case Against Apple, Google, and Microsoft

This year, Never-Search filed complaints against not just Apple, Google, and Microsoft for infringing on its patents, particularly with regards to its “points of interest.” It asserted eight patents against Google, six against Apple, and five against Microsoft. Bing Maps was also accused of infringing on Never-Search’s patents. 

Each of the companies being sued have their own maps application, and according to the suit, the technology they use includes technology patented by Kraft for Never-Search. Kraft claims not to have given any license for his patent to be used by these companies. 

The complaint stated that the patents were inventor-asserted, though the USPTO has no assignment data on the asserted patents. Never-Search has also yet to file a certificate of interested parties required by law in the Northern District of California local rules. This certificate identifies the parties involved in the case against Apple, Google, and Microsoft. Never-Search attorneys have, however, clarified that Never-Search has no parent company and no corporation owns more than 10% of its stock. 

What To Learn From This Case

At this point, with so little information available, it may be difficult to say whether the case holds any validity. However, as always, there are lessons to be learned. The first is the importance of patenting all of your applicable work. No matter how much influence a tech company has, it does not entitle them to use your intellectual property without your specific permission and license. 

Patent assertion is also something that comes up in this case. This is a formal notice to companies who have allegedly infringed on your patent, asserting your ownership of the patent. It is similar to a cease-and-desist in that it reminds them that they are infringing on your patent without taking any further legal action. After a patent assertion, the company infringing on your patent may ask to purchase a license to use your IP or they may simply stop using it. If they do not, and they don’t challenge the assertion in a satisfying way, you can move forward to bring a case against them.

When considering a patent assertion, you want to make sure to do this through an experienced IP legal team, such as Garcia-Zamor. We can take care of the patent assertion, filing a complaint if one needs to be filed, and championing your case whether in mediation or litigation. We have over two decades of combined experience in intellectual property, and we’re here to help you. Contact Garcia-Zamor today to learn more.

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Intellectual Property Tips For Robotics Innovators – Making Science Fiction a Reality! 11 Jul 2024, 2:11 pm

When we think of future technology, one of the first things we often picture is robots and robotics. They’ve been a hallmark of science fiction for decades, and though the technology already exists today (even in household settings — think the Roomba!), it’s exciting to think of where they will grow. Schools foster robotics clubs for scientifically minded kids who want to see what they can create. And for some engineers, the idea of creating robotic technology to share with the world is the dream career. But to really thrive in a robotics career, you need to know how to protect your intellectual property. Without IP protection, your best ideas could end up being someone else’s latest invention. Let’s dive into what you need to know about intellectual property as a robotics innovator.

What Can You Protect As a Robotics Innovator?

When you’re working on something as complex and exciting as a robotics project, you want to protect as much as possible. The worst thing that could happen would be for a competitor to copy your unprotected work and take all the credit and earnings from it. So what can you protect with respect to your IP?

Software Code

Robotics are controlled by a software code that programs their functions and cues. This software can be copyrighted so that the unique code can’t be copied by pirates and used or duplicated without your permission — and, very importantly, without you receiving some royalties. More importantly, it is important to file software patent applications to protect the programs that run your robots.

Unique Design

You can trademark unique designs such as packaging or distinct product shapes or colors when they serve no utility function to your product. If you paint your robot in a distinct color scheme or you create a sleek design for a robot that hasn’t been used before, you may register a trademark for that design.

Manufacturing Process

Have a distinct manufacturing process that you use to create your robotics products? You can patent that process so that no one else can take credit for it. You can also protect this process as a trade secret, using NDAs and making sure that only relevant people have access to the process you use. You may also do this with software code.

The Overall Product and Function

If you have schematics for the robotics product, you can also patent your unique product. This ensures that you are always given credit for your unique take on the technology and that no one can take it without crediting and paying you. 

Name of the Product and Branding

You will want to register trademark for the name of your company, the name of the robotics product, and any branding elements. For instance if you use a specific logo on your robotics projects, you should get a registered trademark for that logo. If you use a particular typeface or font for your brand name or the robot name, that should have a registered trademark, as well.

How To Protect Your Robotics IP With Garcia-Zamor

With so many different steps that need to be taken to fully protect your intellectual property, it may seem overwhelming. That’s why the IP law experts at Garcia-Zamor are here to help. We can take care of copyright and trademark registration, patent applications, drafting NDAs, and more. We’ll also conduct research to ensure your IP hasn’t been infringed on. With an IP legal team at your side, you won’t have to worry about the details of protecting your intellectual property. Just focus on what you do best, and we’ll do the same.

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