By Dr. Ken Broda Bahm: The music world has lost some of its royalty lately. On the heels of David Bowie and George Martin, last week’s loss of Prince is another blow. The artist was known for his genre-defying sound, for his prolific songwriting for himself and other artists, for his sheer musicianship with a guitar, […]
Take a Note from the Prince of IP (RIP) Read More »
By Dr. Ken Broda Bahm: We are used to hearing about “technophobia,” or a fear of new, confusing, powerful and scary gadgets. In modern times, however, it’s opposite — technophilia — is likely to play a stronger role. Take the current launch of the Apple Watch. While it is likely to generate at least some
Account for Technophilia Read More »
By Dr. Ken Broda Bahm: For many years, the word among intellectual property defendants has been “Don’t Mess With (the Eastern District of) Texas.” And statistics have borne that out. According to a recent analysis in the Patent, Trademark & Copyright Journal (Pistorino & Crane, 2012), cases in the district have come down in favor
Climb Down the “Ladder of Abstraction” in Patent Cases (And All Cases) Read More »
By Dr. Ken Broda Bahm – Last month, Uniloc USA lost a multiyear battle against Microsoft to preserve a $388 million jury award against the software giant, and will now be retrying the patent infringement case on damages alone. One thing Uniloc has in its corner for retrial is a compelling invention story: a plucky Australian inventor working since the early
Tell Your Patent Invention Story In a Way That is Worth Copyrighting Read More »
By: Dr. Ken Broda Bahm – Okay, that is a deliberately provocative title, but I mean it literally: words don’t have meaning any more than scissors have cut paper. Meaning isn’t an inherent or immutable attribute or possession of a word (something it “has”), but is rather an effect of the word when used in
In Patent Arguments, Remember that Words Don’t Have Meaning Read More »
by: Dr. Ken Broda Bahm Sigmund Freud is credited with having said that “analogies prove nothing, but they make us feel right at home.” Among litigators, there are two schools of thought on whether to deploy analogies in the course of legal persuasion. One side argues that the explanatory staying-power of an analogy makes it
Stop Searching for the Perfect Analogy (but Don’t Surrender a Communication Lifesaver) Read More »