Ernest Linek

Ernest Linek

Banner & Witcoff, Ltd.

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Intellectual Property Alert: Patent Agent Privilege Confirmed by Federal Circuit

Yesterday, in a 2-1 mandamus decision in the case In re Queens University, the Federal Circuit ordered the district court to withdraw its order compelling discovery of communications with non-attorney patent agents. The...more

3/9/2016 - Discovery Patent Applications Patents Privilege Waivers Writ of Mandamus

2015 DMCA Exemptions In Detail: When Is It OK to Technologically Circumvent Copyright Protections?

On October 28, 2015, the LOC reported a new set of regulations regarding exemptions to the DMCA provision that prohibits circumvention of technological measures that control access to copyrighted works. Here's a summary of...more

11/3/2015 - 3D Printing Copyright DMCA Library of Congress Medical Devices Popular Smartphones Software Video Games

Intellectual Property Alert: Laches Remains a Defense to Legal Relief in Patent Infringement Suits

On September 18, 2015, the Court of Appeals for the Federal Circuit, sitting en banc, ruled (6-5) in SCA Hygiene Products AB et al. v. First Quality Baby Products LLC et al., that laches remains a viable defense in a patent...more

9/22/2015 - Affirmative Defenses Appeals Copyright Copyright Infringement En Banc Review Injunctions Laches Patent Infringement Patents Petrella v. MGM Young Lawyers

TTAB Appeal at USDC – Win or Lose – You Pay the USPTO Costs

On April 23, 2015, the Fourth Circuit Court of Appeals ruled (2-1) in the case of Shammas v. Focarino, that, win or lose, a party who files a U.S. district court appeal from a decision of the Trademark Trial and Appeal Board...more

4/30/2015 - Appeals Litigation Fees & Costs Trademark Trial and Appeal Board USPTO

Intellectual Property Alert: Year-End Brings New Developments in Patent Eligibility

Section 101 of the Patent Act (35 U.S.C. 101) continues to be of concern for patent practitioners, patent applicants and patent owners. The language of this statute defines what constitutes patent eligible subject matter, as...more

12/19/2014

Supreme Court Allows Copyright Action, Holds No Laches Defense

May 20, 2014 — Yesterday, in Petrella v. Metro-Goldwyn-Mayer, Inc. (No. 12-1315), the Supreme Court ruled that the doctrine of laches could not be invoked to bar a copyright claim that was brought within the statutorily...more

5/21/2014 - Copyright Copyright Infringement Laches MGM Petrella v. MGM SCOTUS

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