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East Texas Intellectual Property Right Law

October 20th, 2010

When people talk about “property rights”, a common quote is “Possession is nine tenths of the law”. For example, little Johnny is playing in the dirt with a red dump truck. Charlie wants to play with the dump truck, so he tells the teacher that the dump truck belongs to him and he wants it back. The teacher replies, “Johnny brought that dump truck from home, and he’s playing with it. It’s his property, and it belongs to him.” Sounds pretty simple, doesn’t it?

 

Tyler Texas Attorneys

 

But what happens when the item at the center of a property dispute is not something you can put your hands on, but is a creation of the mind? Intellectual property, things like inventions, novels, plays, music, drawings, trademarks, sculptures, and photographs can have more value than say, a dump truck. This is where intellectual property right laws come into play. But how do you place value on something that is intangible?

From a legal standpoint, intellectual property is divided into two categories: industrial property and copyrights, and infringement suits involving intellectual property are popping up in unlikely places these days. Lawsuits that once filled dockets in California and New York are now commonplace in East Texas, an area that is becoming known as a haven these types of property right law suits.

In intellectual property litigation, the potential for large settlement payments is huge, particularly when a tough judge is presiding. That’s why in the United States District Court for the Eastern District of Texas, which is known for favoring plaintiffs and for expertise in patent and intellectual property right suits, defendants often choose to cut their losses and settle rather than fight.

East Texas Property Law: Intellectual Property Rights

October 8th, 2010

Tyler Texas Patent Lawsuit

Patent Litigation

Just like anywhere else, East Texas property law is pretty straightforward. But what about property that isn’t an item like a car or jewelry. This is where intellectual property rights law comes into play. Things like inventions, works of writing, music, drawings, molds, and photographs are examples of what falls under the category of East Texas intellectual property rights law.

It is indeed tough to place a value on an intangible object such as an idea. If you are familiar with copyrights, then you are somewhat familiar with intellectual property rights law. Copyright law is actually a branch of intellectual property law, but it requires that the intellectual property be transferred into a tangible form in order for a copyright to be awarded. For example, a thought is made tangible when an author writes a book.

Obviously, this can lead to confusion and arguments in some cases that end up in our judicial system. In East Texas, property rights law suits are very popular and demand is increasing. Large settlements are common during intellectual property litigation, and there are many of these lawsuits filling up East Texas courtrooms. It’s like the attorneys new asbestos cancer gold mine.

In the United States District Court for the Eastern District of Texas, defendants often choose to cut their losses and settle rather than fight. This is due to the fact that this court is known to favor plaintiffs and for expertise in patent and intellectual property rights suits.