The Brave New World Of Internet Copyright Trolls
November 02, 2014
Copyright trolls are in the business of acquiring the right to bring lawsuits against alleged infringers and threatening to file copyright infringement claims in order to induce rapid settlements against large groups of defendants.
Insurance Coverage In Trademark Disputes
November 02, 2014
On Aug. 20, 2014, summary judgment was granted to the plaintiff insurance company, upholding its denial of coverage to indemnify judgments in two trademark counterfeiting cases. <i>United States Fidelity & Guarantee v. Ashley Reed Trading.</i> The opinion provides insight to trademark practitioners about insurance coverage and provides information about strategies for trademark owners' enforcement efforts.
Full Disclosure Necessary for Patent Applicants
November 02, 2014
On Sept. 26, 2014, the Federal Circuit issued its opinion in <i>American Calcar, Inc. v. American Honda Motor Co.</i> Judges Prost and Wallach affirmed the decision of the U.S. District Court for the Southern District of California that three American Calcar patents were unenforceable due to inequitable conduct. Judge Newman filed a strongly worded dissent.
IP News
November 02, 2014
Federal Circuit Defines "By Means Of" <br>Doctrine of Claim Differentiation Insufficient to Overcome Plain Meaning of Claim Term<br>Patentee's Failure to Connect the Dots Insufficient, But Not Sanction-Worthy
Patent Reform Is Coming, but Not From Congress
October 02, 2014
It's well established that the number of lawsuits filed by patent trolls in the last decade has increased dramatically. This increase comes at considerable expense to defendants of all stripes. But as widely reviled as this trend may be among operating companies that often find themselves as defendants in patent troll litigation, legislation that would curb this practice has made little progress.
IP News
October 02, 2014
Federal Circuit Applies <i>Alice</i> to Invalidate Online Transaction Patent <br>Federal Circuit Finds 'Unobtrusive' and 'Does Not Distract' Indefinite<br>Federal Circuit: In Hatch-Waxman, Infringement Based Only on Final ANDA Product
Functionality Rulings Are Nothing To Cheer About
October 02, 2014
What do cheerleading uniforms and laminated faux-maple flooring have in common? And what does either one have to do with copyright law? Read on: Both have recently been the subject of dubious rulings about the copyrightability of useful articles that could, if not reversed, further muddy the already murky doctrinal waters the courts have created around this issue.
In the News
September 02, 2014
Fed. Circ. Reverses Denial Of Motion To Stay Post-Grant Review of Covered Business Method Patent<br>Fed. Circ. Vacates Injunction and Civil Contempt Sanction after USPTO Cancels Claim At Issue<br>Fed. Circ. Finds Potential Antitrust Violations by Patent Owner in ANDA Case