In re EMC Corp.
The Federal Circuit recently addressed whether it is proper to join multiple defendants within a single action for no other reason than each defendant is accused of infringing the same patent.
IP News
Highlights of the latest intellectual property news from around the country.
Features
Crayon Shinchan
The naughty five-year-old Japanese comic-book character Crayon Shinchan would tell foreign trademark owners that although foreign trademarks ultimately receive legal protection in China, pragmatic owners must be mindful of the time and costs involved.
Features
An Analysis of Kappos v. Hyatt
Although the Supreme Court's decision in <i>Kappos v. Hyatt</i> addressed the Patent Act specifically, the decision may have implications for cases brought in district courts to challenge decisions of the Trademark Trial and Appeal Board. The <i>Kappos</i> decision may also encourage defendants to continue pushing against the "clear and convincing evidence" standard for obviousness challenges based on prior art not considered by the PTO during examination.
The Great (Online Copyright) Compromise of 2012
Although neither service providers nor content providers can claim a complete victory, the Second Circuit's <i>Viacom</i> opinion represents a pragmatic, middle-of-the-road solution to several issues at the heart of the new user-centered Internet experience.
IP News
Highlights of the latest intellectual property news from around the country.
Intervening Rights Only Arise During Re-examination When a Claim Has Been Amended or Added
In <i>Marine Polymer Tech., Inc. v. HemCon, Inc.</i>, No. 2010-1549, 2012 WL 858700 (Fed. Cir. March 15, 2012), a majority found that intervening rights only arise as a result of re-examination when a claim has been amended or added during the re-examination, even though the issue was not considered below.
Damages Soar from False Advertising About Skydiving
In March 2012, the Ninth Circuit in <i>Skydive Arizona, Inc. v. Quattrocchi, et al.</i> upheld a $6.6 million judgment for trademark infringement, false advertising, and cybersquatting, while overturning the district court's doubling of actual damages. The opinion succinctly outlines appellate review standards while offering insights into how to prove a Lanham Act and cybersquatting case.
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