Proactively Protecting Your IP Across the Globe

I’m writing from the Mid-Winter Institute of the American Intellectual Property Law Association (AIPLA). As a lawyer who does a lot of trademark enforcement work, one theme that I’ve noticed from multiple speakers so far is the importance of proactively protecting your intellectual property–especially for young companies. What’s more, in this increasingly globalized marketplace, simply[...]

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IP in an Augmented Reality

My latest article, “IP in an Augmented Reality,” was just published in the Jan/Feb 2014 issue of Landslide, the magazine of the American Bar Association’s IP Section.  It summarizes how copyright, patent, trademark, and publicity rights law will apply to AR technologies. An excerpt is below.  Click here to read the full article on the[...]

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Augmented Reality Patents Are Skyrocketing

In October and December 2011, I wrote about the extensive number of AR-related patent applications already on file.  ”If you’re serious about succeeding with your AR business plan–and especially if you hope to attract investors,” I said, “it would be well worth your time to research the existing patent landscape in your field, and get your[...]

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IP in an Augmented Reality (Podcast)

Earlier this month I presented to the Michigan Intellectual Property Lawyer’s Association on “IP in an Augmented Reality.”  This speech is similar to ones I’ve given to IP groups elsewhere in the country. In it, I discuss what augmented reality is, how it will affect our everyday activities in almost every facet of life, and[...]

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Judge Scales Back Jury’s Award in First AR Patent Infringement Verdict

Back in July 2012, I reported on what appeared to be the first augmented reality patent infringement lawsuit: Tomita v. Nintendo.  That case has since gone to trial, with some interesting results. Plaintiff Tomita U.S. Patent No. 7,417,664, issued in August 2008 and titled “Stereoscopic image picking up and display system based upon optical axes cross-point information.”[...]

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What Marketing Professionals Need to Know About Augmented Reality Law

Thursday night I was privileged to be part of a panel–together with Brian Mullins of daqri, Brian Bos of Mindshare, and Marty Wetherall of Fallon–presenting on augmented reality to the AdCraft Club of Detroit.  As the lawyer on the panel, many of the questions I fielded dealt with the legal issues that are likely to[...]

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AR Troll’s Patent Gets Re-Examined

In the comedy classic Dumb & Dumber, a woman tells Jim Carrey’s character that his chances with her are “one in a million.”  Undaunted, he responds, “so you’re saying there’s a chance!” The augmented reality industry’s chances of seeing the patent that Lennon Image Technologies has been using for the past year to wreak havoc[...]

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Double Whammy – Augmented Retailer Ditto Hit With Second Patent Lawsuit

No sooner had I finished reporting on a new wave of patent infringement lawsuits filed in March 2013 against retailers such as Ditto Technologies–the innovative leader in “virtual try-on” technology for eyewear–than I learned about a second lawsuit aimed specifically at Ditto that had been filed a month earlier, in February.  Unlike the series of[...]

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Augmented Reality Patent Troll At It Again

Last year I reported on a six nearly identical lawsuits that Lennon Image Technologies LLC filed alleging patent infringement against online retailers using webcam-based augmented reality user interfaces.  Each complaint was based on the same patent: US 6,624,843 B2, issued Sep. 23, 2003 and titled “Customer Image Capture and Use Thereof in a Retailing System.”  Three of those lawsuits–the[...]

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5 Predictions for Augmented Reality Law in 2013 (and a Look Back at 2012)

As a public radio commentator once said, augmented reality has “been the Next Big Thing for a while now, although it never manages to become the Actual Current Big Thing.”  In keeping with this Sisyphean observation, we did not (yet) see quite as much development in either AR technology or the law governing its use in[...]

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