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Intellectual Property Updates

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 23, 2013

Foley & Lardner LLP

In Uship Federal Circuit Finds Prosecution History Disclaimer in Arguments Against Restriction Requirement

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 5/23/2013

In Uship Intellectual Properties, LLC v. United States, the Federal Circuit upheld the claim construction applied by the Court of Federal Claims when it held that the United States and IBM Corporation did not infringe the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Grants Certiorari in Medtronic v. Boston Scientific

by Andrew Williams | McDonnell Boehnen Hulbert & Berghoff LLP on 5/23/2013

On May 20, 2013, the Supreme Court granted certiorari in the Medtronic Inc. v. Boston Scientific Corp. case (Supreme Court docket number 12-1128). The sole issue on appeal is encapsulated by the question presented...more

Orrick - Trade Secrets Group

Terror Tactics: Report Urges Government To Use Financial, Immigration, Trade And Immigration Systems To Squeeze Theft Of IP

by Sophie Yu | Orrick - Trade Secrets Group on 5/23/2013

A new report on halting the theft of trade secrets and other intellectual property reads like a blueprint for fighting terrorism—not surprising, given that it was co-authored by the nation’s former spy chief and a member of...more

Sheppard Mullin Richter & Hampton LLP

An Unreasonable Royalty Rate is No Gaming Matter

by Mercedes Cook | Sheppard Mullin Richter & Hampton LLP on 5/23/2013

The Honorable Judge James L. Robart recently took on the challenging task of determining a reasonable and non-discriminatory (“RAND”) royalty rate for Motorola’s standards-essential patents (“SEP”). Microsoft Corp. v....more

Gray Plant Mooty

The Wide World of Trademarks

by Lori Wiese-Parks | Gray Plant Mooty on 5/22/2013

As I was digging around recently for some information regarding worldwide trademark activity, I ran across the 2012 State of Trademark Report from Thomson CompuMark and got caught up in the reports and statistics of the World...more

BakerHostetler

Patent Watch: Forrester Envtl. Servs., Inc. v. Wheelabrator Techs., Inc.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

[P]ermitting state courts to adjudicate disparagement cases (involving alleged false statements about U.S. patent rights) could result in inconsistent judgments between state and federal courts [but] this possibility of...more

Morgan Lewis

Texas Enacts Uniform Trade Secrets Act

by Erin Leu, Ronald Manthey, Paulo McKeeby | Morgan Lewis on 5/22/2013

New statute aims to promote favorable business climate and may provide broader protection of information under Texas law. On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into...more

Mintz Levin - Intellectual Property

Laches, Acquiescence, and Trademark Injunctions - Who Should Be Upstream Without a (Greek) Paddle?

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 5/22/2013

On May 8, a long time manufacturer of ceremonial paddles marketed to fraternities and sororities filed a petition for certiorari with the US Supreme Court seeking relief from an injunction barring him from using Greek...more

BakerHostetler

Patent Watch: Dey, L.P. v. Sunovion Pharms., Inc.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

“[A]n agreement of confidentiality, or circumstances creating a similar expectation of secrecy, may negate a ‘public use’ where there is not commercial exploitation” [even] when an unaffiliated third party is responsible for...more

Foley Hoag LLP - Trademark, Copyright &...

Copyright Law Reform Engages Both Courts and Congress

by Jenevieve Maerker | Foley Hoag LLP - Trademark, Copyright &... on 5/22/2013

Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more

LXBN

Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes [Video]

by LXBN on 5/22/2013

Although we’re moving quickly from humorous to played out, you’ll still a number of brands use memes in their marketing and communications. That raises the question though, who owns those memes and can companies get in...more

BakerHostetler

Patent Watch: Alexsam, Inc. v. IDT Corp.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

Expert testimony [may be] required not only to explain what the prior art references disclosed, but also to show that a person skilled in the art would have been motivated to combine them in order to achieve the claimed...more

Wilson Sonsini Goodrich & Rosati

United States International Trade Commission Amends Rules Concerning Discovery in Section 337 Investigations

by Wilson Sonsini Goodrich & Rosati on 5/22/2013

The United States International Trade Commission (ITC) on May 15, 2013, issued a notice amending Rule 210.27 of its Rules of Practice and Procedure in Section 337 investigations. The amendments go a long way in attempting to...more

Bennett Jones LLP

YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA

by Martin P.J. Kratz Q.C. | Bennett Jones LLP on 5/22/2013

A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more

Orrick, Herrington & Sutcliffe LLP

District Court Judge Enjoins Standards-Essential Patent Owner From Enforcing ITC Exclusion Order

by Christopher Higgins, Jay Jurata, T. Vann Pearce, Jr., Matthew Poppe | Orrick, Herrington & Sutcliffe LLP on 5/22/2013

In a growing body of legal authority regarding standards-essential patents (SEPs), Northern District of California Judge Ronald Whyte ruled Monday that an owner of SEPs violated its licensing commitments by initiating a U.S....more

Morrison & Foerster LLP

Q&A With Morrison & Foerster's Deanne Maynard

by Morrison & Foerster LLP on 5/22/2013

Deanne E. Maynard is a partner in Morrison & Foerster LLP's Washington, D.C., office. She chairs the firm's appellate and U.S. Supreme Court practice group and is a former assistant to the solicitor general at the United...more

BakerHostetler

Patent Watch: Aventis Pharms., Inc. v. Amino Chems. Ltd.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

"[T]he same claim term can have different constructions depending upon the context of how the term is used within the claims and specification."...more

Pepper Hamilton LLP

The Curious Case Of Human Gene Patents

by Thomas Engellenner | Pepper Hamilton LLP on 5/22/2013

The U.S. Supreme Court heard oral arguments last month in the matter of Association for Molecular Pathology v. Myriad Genetics, a curious case that does not bode well for America’s biotechnology industry and could overturn 30...more

Moskowitz LLP

What A Tax Attorney Can Do for You: Understand How Apple, Inc. Legally Does Not Pay Income Tax

by Anthony Diosdi | Moskowitz LLP on 5/22/2013

When Apple Inc., disclosed that it has not paid any corporate income tax over the past 4 years, it got the government’s attention. Hailed before the Senate, Apple is confident in their tax position because, it is legal. ...more

Winthrop & Weinstine, P.A.

Nutty News: Dear Biggest Fan, Here’s a Cease-and-Desist Letter

by Martha Engel | Winthrop & Weinstine, P.A. on 5/22/2013

You have to be one big fan of a company or product to establish a World {What-You-Cannot-Live-Without} Day. Well, a sticky situation with the well-known hazelnut spread Nutella may have you rethinking your public affection....more

Butler, Snow, O'Mara, Stevens and Cannada,...

Pro Te Solutio - Vol. 6 No. 1 February 2013

by Hemant Gupta, Keishunna Randall, Travis Swearingen | Butler, Snow, O'Mara, Stevens and Cannada,... on 5/22/2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

Burns & Levinson LLP

TM Owners Beware: Potential IP Scammers Are In Our Midst

by Deborah Peckham | Burns & Levinson LLP on 5/22/2013

There are few things more annoying than the feeling that you have been duped into paying for something that you neither need nor want. IP owners, and particularly trademark owners, are common targets for scammers seeking to...more

Armstrong Teasdale LLP

CLS Bank v. Alice Corp. Leaves Rules for Patent-Eligibility of Computer-Implemented Inventions Unclear

by Samir Mehta | Armstrong Teasdale LLP on 5/22/2013

The Court of Appeals for the Federal Circuit issued a ruling on May 10 that may limit the subject matter eligibility of patent claims involving computer-implemented inventions. While legal practitioners had hoped this case,...more

Rob Robinson

Weekly eDiscovery Top Story Digest - May 22, 2013

by Rob Robinson on 5/22/2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

Foley & Lardner LLP

A Patent Landscape Analysis: iPSCs

by Antoinette F. Konski | Foley & Lardner LLP on 5/21/2013

There are several emerging technology clusters in the induced pluripotent stem cell (iPSC) space. Simon Elliot and I conducted a patent landscape analysis focusing on issued U.S. patents and pending applications....more

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