Bernard Samuel Klosowski

Bernard Samuel Klosowski

Ben Klosowski, Esq., Registered U.S. Patent Attorney
  • Patents, Trademarks, Intellectual Property ...
  • Florida, Maryland, South Carolina, USPTO
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Summary

U.S. Naval Academy graduate; Commander, U.S. Navy; U.S. Patent Attorney: Electro-mechanical * Electrical * Software/Computers * Artificial Intelligence/Machine Learning * Automotive * Energy Systems * Medical Devices * Optics * other Intellectual Property and Related Business Issues and Litigation

Practice Areas
    Patents
    Patent Appeals, Patent Litigation, Patent Prosecution
    Trademarks
    Trademark Litigation, Trademark Registration
    Intellectual Property
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Entertainment & Sports Law
    Communications & Internet Law
    Internet Law, Media & Advertising, Telecommunications Law
Additional Practice Areas
  • Computer Technology-Software
  • Copyrights
  • Copyright
  • Trade Secrets
Fees
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    I am willing to discuss alternative fee arrangements.
Jurisdictions Admitted to Practice
Florida
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Maryland
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South Carolina
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USPTO
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4th Circuit
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Federal Circuit
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Languages
  • French: Written
  • German: Written
Professional Experience
Law Firm Partner
- Current
Education
University of Baltimore School of Law
J.D. (1998) | Law
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Honors: cum laude
University of Baltimore School of Law Logo
Naval War College
other (1993) | Strategy & Tactices, Executive Decisionmaking
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Attended Annapolis, MD satellite site
Honors: 1993 Outstanding Student Nominee
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United States Naval Academy
B.S. (1986) | general engineering
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Commissioned as an officer in the U.S. Navy on May 21, 1986 and ordered to flight training.
Honors: Commandant's List
Activities: Color Guard, Bicycle Club
United States Naval Academy Logo
Professional Associations
South Carolina State Bar  # 69287
Member
- Current
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Publications
Articles & Publications
IPlog
Self
Speaking Engagements
Numerous Speaking Engagements
Certifications
Registered United States Patent attorney
U.S. Patent and Trademark Office
Legal Answers
36 Questions Answered

Q. Copying the initialization vector (IV) of an encryption key and the file for which it is used, is it CP infringement?
A: Reverse engineering isn't unlawful per se if the subject matter in question isn't protected by copyright or a patent, or isn't trade secret theft. To be copyright infringement, the IV/file must be copyrightable; i.e., it must be an "original work of authorship" with a minimum amount of creativity - it can't be a mere idea or something that is so common that there are only limited ways to express it. See 17 USC 101 et al., merger doctrine, etc. And even if the work is copyrightable, a federal copyright registration will be needed to assert infringement. If the IV/file is protected by a patent and the other company is infringing a claim of the patent with its copy, then reverse engineering might go to willfulness and treble damages. Of course, even without copyright or patent, if the creator/author took steps to keep the IV/file secret and reverse engineering was used to break the code, so to speak, that might amount to trade secret theft or even criminal liability. It would be prudent to discuss specific facts with an intellectual property litigation attorney to ensure all things are considered to weigh potential courses of action. Good luck.
Q. Online videos and textbook question
A: Generally speaking, using "limited" parts of a copyrighted work is OK for criticism, commentary, teaching, etc. See 17 U.S. Code § 107. This is called "Fair Use." But Fair Use is just a defense to infringement; it can't prevent a suit. In other words, if a copyright owner alleges or sues for copyright infringement, Fair Use might be raised as a defense after the fact. So, of course the best thing is to avoid being sued in the first place. As § 107 explains, there are various factors to be considered to determine if a particular use is Fair Use or if it rises to the level of infringement. One of the factors is how much of the work is being excerpted. You state the students will be purchasing the textbook in question, and you'll be using "excerpts from that textbook for examples and explain solutions to problems from that textbook." The devil's in the details. If your video is 30 minutes long and for just a couple of minutes you show one excerpt/problem from a multitude of similar problems in the text and then "show your own work" regarding the solution for the remaining 28 minutes, that would seem to fall on the Fair Use side of the equation. But if 98% of the video shows 10 out of 12 problems from the textbook and most of the video run time is showing textbook material, that could fall on the problematic side. There also are other factors to be considered, such as whether the excerpted material is even protectable copyright. For instance, if the problem is 3+2=x, there are very few ways to show that problem (2+3=x, x-2=3, etc.), so it might not be copyrightable under the doctrines of merger and Scènes à Faire (things that are commonplace). But like Fair Use, those doctrines are defenses usually raised after an allegation has been made. It would be best to consult a copyright attorney with specific facts (maybe share a planned video with the attorney) to determine the best course of action. Good luck.
Q. What makes the length of the patent protection too short?
A: I agree my colleague Mr. Ivey and would add that it's 20 years from filing of the earliest filed utility patent application (if priority is claimed) and 15 years for a design patent. Additionally, delays in prosecuting the patent by the applicant can affect the patent term ("patent term adjustment"); e.g., applicant requesting to suspend prosecution, or in a more drastic case, having to petition to revive an inadvertently abandoned application due to a missed deadline.
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Contact & Map
Main Office - Thrive IP® - by appointment only
220 N. Main Street
Suite 500
Greenville, SC 29601
Telephone: (864) 351-2468
Fax: (866) 747-2595
Monday: 8:30 AM - 5:30 PM (Today)
Tuesday: 8:30 AM - 5:30 PM
Wednesday: 8:30 AM - 5:30 PM
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Low Country Office
5401 Netherby Lane
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North Charleston, SC 29420
Telephone: (843) 580-9057
Fax: (866) 747-2595