Thursday, 03 March 2011 21:03

IP IN THE FRCP

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It is fairly well known that the framers of the United States Constitution had a profound respect for intellectual property, and that Article I, Section 8, Clause 8 of the U.S. Constitution explicitly establishes copyrights and patents on a federal scope:
 
 
“The Congress shall have Power...To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;”
 
Interestingly, some portions of the Federal Rules of Civil Procedure also make specific reference to patents and copyrights, even though the Federal Rules generally apply to a much broader spectrum of civil disputes.
 
For instance, Rule 62(a)(2) “Stay of Proceedings to Enforce a Judgment” provides an exception for Patent Accountings to the standard Automatic Stay . As such, unless the court orders otherwise, a judgment or order that directs an accounting in an action for patent infringement is not stayed after being entered, even if an appeal is taken.
 
Also, Section (f) of Rule 65 “Injunctions and Restraining Orders” makes explicit mention that this rule applies to copyright-impoundment proceedings. (See 17 U.S.C §503).
 
Aside from being useful to note, these specific references to intellectual property in the Federal Rules of Civil Procedure provide a testament to the importance of intellectual property in the American legal system.
Read 2088 times Last modified on Friday, 23 August 2013 16:11
Jason LaCosse

As a Registered Patent Attorney, Mr. LaCosse concentrates his practice in Patent and Trademark Prosecution, Intellectual Property Enforcement, and Licensing. He maintains an AV-Preeminent peer rating by Martindale-Hubbell, is Board Certified by the Florida Bar as an expert in Intellectual Property Law, and is licensed to practice in the U.S. District Court for the Southern and Middle Districts of Florida. Mr. LaCosse is an active member of the Dade County Bar Association, serving on the DCBA Membership Committee and the DCBA Intellectual Property Committee. Mr. LaCosse earned his bachelor's degree in Applied Physics with honors from Michigan Tech, his master’s degree in Electrical Engineering from the University of Michigan, and his law degree from the University of Denver.