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The Apparently Never-Ending Story of Bard v. W.L. Gore - Bard Peripheral Vascular Inc. and C.R. Bard, Inc. v. W.L. Gore &...

In a case centered about patent that matured from an application filed 40 years ago, a case that has been pending for 12 years and that just completed its fourth engagement at the appellate level, the U.S. Court of Appeals...more

Congress is Reconsidering “Anti Troll” Legislation

On February 5, 2015, Congressman Bob Goodlatte reintroduced the “Innovation Act”; a bill designed to implement several changes to the legal framework governing United States patent law. The law is designed to make it more...more

Is the Comic Book Character Copyright Infringement Saga Finally Over? - Stan Lee Media, Inc. v. The Walt Disney Co.

The U.S. Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of a copyright infringement complaint by an entity that has brought similar copyright ownership claims against famed comic book author...more

Illinois Court Finds Coverage for Advertising Injury

In Selective Insurance Co. of the Southeast v. Creation Supply Inc., 2015 Ill. App. (1st) 140152-U, the Appellate Court of Illinois, First District, had occasion to consider whether an insured’s in-store retail displays of...more

‘Fresh’ guidance on the importance of signed copyright assignments – High Court steps in to smooth out copyright dispute

The High Court of Justice of England and Wales recently delivered its judgment in a case relating to the ownership of the copyright of the ‘halo’ logo (the “Dude Logo”) used on the well-known brand of ‘Innocent’ smoothies...more

Bernstein Shur Business and Commercial Litigation Newsletter #49

We are pleased to present the 49th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address patent infringement claims, erroneous termination of security...more

Texas Supreme Court Oral Argument Preview (2/15)

On Thursday, February 26, 2015, the Texas Supreme Court will hear oral arguments in two cases. Note that the Court is doing a road show and hearing these arguments at the University of Texas at Tyler. ...more

Don’t Jeopardize Your Patent Rights: Best Patent Practices for Startups

For young, startup companies, the landscape of patents can be difficult to navigate. Patents are expensive and complex and require substantial time and money that are often at a premium for startup companies. At the same...more

Food for Thought: 2014 Litigation Annual Review

Food for Thought reports on significant court decisions affecting the food industry. The focus of this edition is on several food-related cases pertaining to class certification; particularly, on district court decisions...more

Helferich Patent Licensing v. New York Times et al.: Federal Circuit Reverses District Court Summary Judgment Ruling Regarding...

In Helferich Patent Licensing LLC v. New York Times Co., 2015 U.S. App. LEXIS 2047 (Fed. Cir. Feb. 10, 2015), the Court of Appeals for the Federal Circuit ("CAFC") concluded that the judicially-created doctrine of patent...more

And the Lawsuit Goes to . . . An Oscar-Time Guide to “Best Picture” Intellectual Property Litigation

The film that wins the Best Picture Oscar this year is certain to attract more viewers and more box office receipts than it had before receiving the award. But Best Picture winners also tend to attract more lawsuits,...more

Assignment Consideration Can Be Representation, Support and Opportunity - Memorylink Corp. v. Motorola Solutions, Inc.

Addressing whether a patent was properly assigned and whether claims of inventorship fraud were properly barred by the statute of limitations, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s summary...more

Federal Circuit Upholds PTO Refusal to Withdraw Unauthorized Terminal Disclaimer - Japanese Found. for Cancer Research v. Lee

Addressing for the first time the issue of whether a terminal disclaimer filed without the client’s actual authority can be withdrawn, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s ruling...more

DOJ Issues Business Review Letter Pertaining to SSO Policy on Standard-Essential Patents and RAND Commitments

On February 2, 2015, the Antitrust Division of the U.S. Department of Justice (DOJ) issued a business review letter stating that it would not challenge the Institute of Electrical and Electronics Engineers, Inc.’s (IEEE’s)...more

In re Charles W. Dowdy - U.S. Bankruptcy Court, S.D. Mississippi, January 28, 2015

Mississippi bankruptcy court holds that agreement encompassing both settlement agreement resolving claims for past-due performance royalties and contemporaneously executed ASCAP licensing agreements is not a single agreement,...more

EU Copyright: No Resale of Digital Content Except for Software? How Does the European Court of Justice Decision on Exhaustion of...

The European Court of Justice (ECJ) has decided that the rule of exhaustion of the distribution right upon first sale (in the U.S. known as the “first sale” doctrine) does not apply to post first-sale alterations to the...more

Insured’s Noncompliance With Notice Provision Prohibits Judgment Creditor From Collecting

In its Memorandum and Recommendation on Defendant’s Motion to Dismiss in Kipp Flores Architects, LLC v. Mid-Continent Casualty Company, case number 4:14-cv-02702 (S.D. Tex. Jan. 9, 2015), the United States District Court for...more

The Case of the Zealous Defense Counsel

A law firm asked us for advice a few months into a fast-moving intellectual property lawsuit. The complaint alleged trademark and copyright infringement claims against the company and two of its officers. They noted that...more

Fox Broadcasting Company v. Dish Network LLC - USDC, C.D. California, January 12, 2015

Fox Broadcasting Company v. Dish Network LLC - USDC, C.D. California, January 12, 2015 - District court grants in part and denies in part cross-motions for summary judgment, finding that Supreme Court’s recent Aereo...more

Omega S.A. v. Costco Wholesale Corporation - USCA, Ninth Circuit, January 20, 2015

In Depth - Relying on Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons, Inc., Ninth Circuit affirms summary judgment in favor of Costco, holding that “first sale” doctrine protects Costco from infringement...more

Let There Be Discounts! Copyrights Cannot Be Used To Control Importation Or Impair Competition

Who does not like a good discount? Well, manufacturers, like Omega, for one. Fortunately for consumers, in Omega S.A. v. Costco Wholesale Corp., (January 20, 2015, 11-57137) ___ F.3d ___, the Ninth Circuit recently affirmed a...more

Ninth Circuit (Mostly) Skirts the Issue of Copyright Misuse in Most Recent Omega v. Costco Decision

Sometimes a cigar is just a cigar, as the saying goes. However, things are not always as they appear, and sometimes events unfold in ways you would not anticipate. Such is the case with the Ninth Circuit decision in the...more

Supreme Court Tackles Tacking Question in Hana

On January 21, 2015, the United States Supreme Court in Hana Financial, Inc. v. Hana Bank, case number 13-1211, unanimously held that in cases (1) that go to a jury and (2) whose facts do not warrant either summary judgment...more

Litigation Alert: Hana Financial v. Hana Bank - The Supreme Court Reaffirms the Power of the Jury to Decide Issues of Commercial...

In the first substantial trademark case in over a decade, the Supreme Court unanimously decided that a jury can apply the tacking doctrine and decide whether two trademarks, used by a single party, convey the same commercial...more

Energy Management Patent Triggers a Covered Business Method Review

Faced with a patent threat, renewable energy and climate change companies may have a new defense option – a Covered Business Method (CBM) proceeding. Ushered in less than 2 years ago as part of comprehensive patent reform...more

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