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The first-to-file system could large corporations and big businesses with large balance sheets a better chance of filing first and receiving the patent, to the detriment of the "little-guy" inventor the patent system was born to protect, suggested Raymond Van Dyke, a Washington, D.C.-based technology attorney and consultant...
"This monumental deal illustrates the growing value of patents in our technology-driven world," Raymond Van Dyke, a Washington, D.C.-based technology and IP attorney, told the E-Commerce Times. "The varied consortium beat bids by Google and others to snag over 6,000 patents and pending patent applications, changing the IP enforceability map for mobile telephony."
More than 50 years ago, Ayn Rand graphically illustrated the collapse of an economic system that failed to reward individual initiative. In Atlas Shrugged, innovators are penalized for their creativity, and their rewards are indiscriminately distributed to the worthy and unworthy, leading inevitably to the breakdown of the entire economic system ...
Obtaining government contracts in the present market is a tricky process, and the government -- like any customer -- can evaluate or otherwise kick the tires of the products desired, Washington technology attorney Raymond Van Dyke told the E-Commerce Times. In this case, it a...
"Oracle's acquisition of Sun earlier this year has caused many people to wonder about the state of Java and open source," Raymond Van Dyke, a technology lawyer in Washington, D.C., told LinuxInsider. "Although Sun acquired patents, they generally did not assert them, focusing on open source."
Of course, the FBI's decision "in no way absolves the parties of civil liability, particularly since they have admitted to 'serious mistakes' and 'misguided actions,'" Raymond Van Dyke, a technology lawyer in Washington, D.C., told TechNewsWorld "As pointed out in the Senate ...
If anything's clear so far, it's that "the balance of protecting 'freedoms' and providing an incentive for development is often tough," Washington technology attorney Raymond Van Dyke told the E-Commerce Times "Some Net neutrality groups are quite vocal, and Congress may get i...
It is easy to see Oracle's view of the issue, Washington, D.C., tech attorney Raymond Van Dyke told CRM Buyer Oracle expended "countless millions of worker-hours to create the myriads of lines of code to handle the integration and maintenance of their software into a plethora ...
"With people living much longer and a growing de-emphasis on youth, society is adapting to the realities of the graying marketplace," Raymond Van Dyke, a technology lawyer in Washington, D.C., told the E-Commerce Times. "Nonetheless, some companies desire a younger perspective, as well as a less-questioning work ethic, and will forgo the wisdom of older workers and their prior work experiences."
Under New York law, written and oral contracts have a statute of limitations of six years. That was also the case in Massachusetts when Zuckerberg was at Harvard, noted Washington, D.C.-based tech attorney Raymond Van Dyke. The existence of the contract might have given this ...
The Bilski v. Kappos Supreme Court case was the latest skirmish in the ongoing war over the scope of patents. On the one side are purists who want the patent statute open to new technologies, and on the other are those who wish to see the patent laws more curtailed -- and particularly that the patentability door be closed on certain technologies. In a highly fractionated opinion, the Supreme Court refused to close that door but still left us in limbo...
For these firms, the status quo in patent law remains the same -- the only hurdles to patentability of processes are such factors as novelty and nonobviousness, Washington, D.C., technology attorney Raymond Van Dyke told the E-Commerce Times The decision has "spared major uphe...
The countersuit by Salesforce.com was practically a foregone conclusion, given that is how patent legal disputes typically unfold. "It is a common litigation tactic in patent suits -- telling the judge or jury that the original plaintiff is also an infringer," Raymond Van Dyke, a technology lawyer in Washington, DC, told CRM Buyer...
The preservation of privacy is "key to any social website, even though the users share their innermost secrets with the world on them," Washington, D.C., technology attorney Raymond Van Dyke told the E-Commerce Times. "Twitter, brought up on charges of fraud and deception in the FTC for these two intrusions, reasonably settled the matter with a government eager to set an example."
The unfolding of this case is typical for Microsoft, said Raymond Van Dyke, a technology lawyer in the Washington, D.C. area -- save for the fact that Microsoft rarely files patent litigation. Microsoft has initiated just three patent suits -- against TomTom, Primax Electronics and Belkin.
Gamers as a group "don't like their mojo interrupted, especially gamers that love open source," Raymond Van Dyke, a technology lawyer in Washington, D.C., told LinuxInsider. "Sony's great PS3 system, having considerable horsepower, also has a lot of bells and whistles to accommodate their tech-savvy customer base."
If the allegations turn out to be true, "the poor judgment of the school officials to spy on students outside of the school jurisdiction is magnified by the conduct coming to light of the officials allegedly making personal use of the students' correspondence, images and other data, whether or not related to school," Raymond Van Dyke, a technology lawyer in Washington, D.C., told TechNewsWorld...
IBM is generally the largest filer of patents each year, Raymond Van Dyke, a technology lawyer in Washington, D.C., pointed out. Yet "market situations change and earlier understandings are modified, particularly where the company was permitting something contrary to business...
Nevertheless, "what this product fails to mention is that software is not owned -- it is licensed or leased," Raymond Van Dyke, a technology lawyer in Washington, D.C., told LinuxInsider. "You do not own the underlying code unless you have specifically contracted for it. Thus, users of that code must abide by the license agreement associated with it."
"After a six-year litigation, a jury verdict in Novell's favor, a partial reversal by the 10th Circuit Appeals Court, and a second jury verdict, Novell is declared the victor in owning the copyrights at issue," Washington, D.C., technology attorney Raymond Van Dyke told LinuxInsider. "Also, SCO was found to have contractually waived their rights."
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