Civil Procedure, Intellectual Property

Memorial Day Weekend Edition: Century-Old Third Circuit Opinion On Warship Documents Shows Courts’ Historic Hostility Toward Trade...

by Daniel Corbett | Orrick - Trade Secrets Group on 5/24/2013

This Memorial Day weekend, we would like to stop and honor the sacrifice that American servicemen and women have made, and take a brief look at an early case involving the military and trade secrets....more

Patent Watch: Ateliers de la Haute-Garonne v. Broetje Automation USA Inc.

by Lawrence M. Sung | BakerHostetler on 5/24/2013

"There is no requirement in 35 USC 112 that an applicant point out which of his embodiments he considers his best mode; that the disclosure includes the best mode contemplated by the applicant is enough to satisfy the...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 23, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 5/24/2013

Capitol Records, Inc. v. MP3tunes, LLC, USDC, S.D. New York, May 14, 2013 - District court grants in part motions for reconsideration of order granting summary judgment in defendants' favor based on DMCA safe harbor...more

Texas Puts its Lone-Star Spin on Trade Secret Protection

by Jonathon K. Hance, Karthika Perumal, Ph.D., Michael R. Samardzija, Ph.D., Jeffrey S. Whittle | Bracewell & Giuliani LLP on 5/24/2013

Effective on September 1, 2013, trade secret owners in Texas will have a statutory framework for litigation in an actual or threatened misappropriation of trade secrets. Texas recently joined the other forty-seven states in...more

Louboutin International Trademark Dispute

by Anjali Shankar | Winthrop & Weinstine, P.A. on 5/24/2013

Those of us who love fashion and have closets overflowing with more pairs of shoes than we probably need are likely familiar with Louboutin pumps. These sky-high heels have a very distinctive look and design. Louboutin heels...more

Another Blow Is Struck Against Monetization of Copyright Enforcement Claims

by Michael P. Boudett | Foley Hoag LLP - Trademark, Copyright &... on 5/24/2013

In a decision issued earlier this month, the Ninth Circuit held that the right to bring copyright claims cannot be transferred without an accompanying transfer of copyright ownership itself....more

Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 5/24/2013

Enactment of the Leahy-Smith America Invents Act in 2011 focused the patenting community on the changes of U.S. patent law from "first to invent" under the 1952 Patent Act to "first inventor to file" under the AIA as the...more

U.S. Supreme Court to Review Burden of Proof to Apply in Patent Licensee Challenges

by Ropes & Gray LLP on 5/24/2013

In 2007, the United States Supreme Court ruled that patent licensees could challenge their obligation to pay patent license royalties under a license agreement without first breaching the license agreement by halting royalty...more

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

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

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

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

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

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

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

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

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

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

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

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

All of These Things Are Not Like the Others; Class Certification Denied in YouTube Case

by Judy Selby | BakerHostetler on 5/21/2013

When the judge deciding a motion for class certification begins his Opinion by describing the proposed class as a “Frankenstein monster,” you don’t need to be very prescient to predict the outcome of the motion....more

Changes in the Rules for ITC Section 337 Investigations Are Now In Effect

by Alison Baldwin | McDonnell Boehnen Hulbert & Berghoff LLP on 5/21/2013

On May 20, 2013, new rules of practice and procedure go into effect for International Trade Commission Section 337 Investigations, 19 C.F.R. Parts 201 and 210.1 Many of these rule changes were made for the purposes of making...more

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's Concurrence-in-part and Dissent-in-part

by Michael Borella | McDonnell Boehnen Hulbert & Berghoff LLP on 5/21/2013

A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence. As noted in that post, Alice's claimed inventions involved the reduction of settlement risk using a third-party...more

The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance

by Jessica Lehrman | Morrison Foerster - Social Media on 5/21/2013

Last week—the week of May 12, 2013—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of...more

Alice in Patentland II – Can a Look Across the Pond Help?

by Orlando Lopez | Burns & Levinson LLP on 5/21/2013

On May 10, 2013, the Federal Circuit (CAFC) issued their en-banc opinion(s) on CLS Bank Int’l v. Alice Corp. Alice, an Australian corporation, had appealed the decision of the District Court invalidating the claims for not...more

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Civil Procedure › Intellectual Property

Memorial Day Weekend Edition: Century-Old Third Circuit Opinion On Warship Documents Shows Courts’ Historic Hostility Toward Trade...

Patent Watch: Ateliers de la Haute-Garonne v. Broetje Automation USA Inc.

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 23, 2013

Texas Puts its Lone-Star Spin on Trade Secret Protection

Louboutin International Trademark Dispute

Another Blow Is Struck Against Monetization of Copyright Enforcement Claims

Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013)

U.S. Supreme Court to Review Burden of Proof to Apply in Patent Licensee Challenges

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

Supreme Court Grants Certiorari in Medtronic v. Boston Scientific

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

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

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

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

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

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

Q&A With Morrison & Foerster's Deanne Maynard

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

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

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

All of These Things Are Not Like the Others; Class Certification Denied in YouTube Case

Changes in the Rules for ITC Section 337 Investigations Are Now In Effect

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's Concurrence-in-part and Dissent-in-part

The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance

Alice in Patentland II – Can a Look Across the Pond Help?

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