Civil Procedure, Intellectual Property, Constitutional Law

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

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 17, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 5/17/2013

Righthaven LLC v. Hoehn, USCA, Ninth Circuit, May 9, 2013 - Ninth Circuit affirms district courts’ dismissals of copyright infringement actions holding that entity created solely for purpose of pursuing copyright...more

Congress Conducts Hearings on Section 337 Litigation at the International Trade Commission

by King & Spalding on 4/30/2013

On April 16, 2013, the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, held a hearing on “Abusive Patent Litigation: The Issues Impacting American Competitiveness and Job...more

Briefing the Supreme Court in Myriad

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 3/29/2013

March 15, 2013 was a big deadline for patent applicants seeking to secure first-to-invent filing dates for U.S. patent applications, but April 15 will be a big day for the biotechnology industry, when the Supreme Court hears...more

Federal Circuit Review - Volume 3 | Issue 2 February 2013

by Knobbe Martens Olson & Bear LLP on 2/28/2013

In This Issue: • Licensing to Foreign Manufacturers Satisfies Domestic Industry • Appeal Found to Be Moot in Light of “Side Bet” • Mere Design Choice Leads to Obviousness Finding • Design Patent Infringement...more

Supreme Court Rules that a State Court Has Jurisdiction over a Legal Malpractice Claim Involving a Federal Patent Issue

by Paul Devinsky, Christopher M. Koepke | McDermott Will & Emery on 2/25/2013

The Supreme Court of the United States, in Gunn v. Minton, determined that a Texas state court had jurisdiction over a legal malpractice claim, even though resolving the claim required the state court to address an issue of...more

Malpractice Cases Against Patent Lawyers Stay in State Court, as Supreme Court Continues to Refine Reach of Grable

by Foley & Lardner LLP on 2/22/2013

In the course of deciding that malpractice cases against patent lawyers belong in state courts (when there is no diversity of citizenship), the United States Supreme Court has issued an important ruling on the scope of...more

Supreme Court Holds That Patent Legal Malpractice Claims Do Not “Arise Under” The Patent Laws and May Be Heard in State Court

by Monte Cooper, Elizabeth Howard, Scott Lonardo | Orrick, Herrington & Sutcliffe LLP on 2/22/2013

On February 20, 2013, the Supreme Court issued a decision addressing the critical question of where plaintiffs can or must sue when their claims implicate patent law but are not traditional patent law claims. See Gunn v....more

Gunn v. Minton (2013)

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 2/21/2013

A patent issue exerted its Circe-like effect on the Supreme Court again today in Gunn v. Minton, a decision overruling the Texas Supreme Court on the question of whether the existence of a patent issue in a legal malpractice...more

Federal Circuit Potential for Indirect Infringement Liability Provides a Justiciable Controversy for Declaratory Judgment...

by Kevin Bell, Scott Chambers, B. Dell Chism, Richard Oparil | Patton Boggs LLP on 2/11/2013

In Arkema Inc. v. Honeywell Int’l, Inc., the Federal Circuit reversed a District Court’s finding of no justiciable controversy under Article III for a declaratory judgment suit over indirect infringement liability. Arkema...more

Patent Watch: Allflex U.S.A., Inc. v. Avid Identification Sys., Inc.

by Lawrence M. Sung | BakerHostetler on 1/18/2013

[Where] the appellant has identified no relationship between the valuation placed on the appeal and the issues the appellant wishes to challenge, the parties have simply placed a "side bet" on the outcome of the appeal, which...more

A Covenant Not to Sue May Avoid Invalidity Claims

by Kelly Craven, Bobby Ghajar | Pillsbury Winthrop Shaw Pittman LLP on 1/17/2013

Last week, in Already, LLC v. Nike, Inc. (opinion attached), the Supreme Court unanimously decided that the voluntary cessation doctrine, most often used when a defendant claims its voluntary compliance moots a case where it...more

If You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue

by Janet F. Satterthwaite | Venable LLP on 1/16/2013

The United States Supreme Court, which rarely gets involved in trademark cases, has ruled that when a Defendant in a Trademark infringement case countersues to cancel the Plaintiff’s registration, the Plaintiff can divest a...more

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

by Jedediah Wakefield, Sean Wikner | Fenwick & West LLP on 1/15/2013

In 2007, the Supreme Court in MedImmune v. Genentech broadened the scope of declaratory judgment jurisdiction, making it easier for parties fearing IP claims to bring defensive lawsuits. Last week, the Court made it easier...more

Supreme Court: Broad Covenant Not to Sue Negates Jurisdiction over Counterclaims for Non-Infringement and Cancellation of...

by Paul Devinsky, Rita Weeks | McDermott Will & Emery on 1/15/2013

In Already, LLC v. Nike, Inc., the Supreme Court of the United States ruled that the trademark plaintiff’s voluntary dismissal of its infringement suit, together with a covenant not to sue, deprived the district court of...more

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Civil Procedure › Intellectual Property › Constitutional Law

Another Blow Is Struck Against Monetization of Copyright Enforcement Claims

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 17, 2013

Congress Conducts Hearings on Section 337 Litigation at the International Trade Commission

Briefing the Supreme Court in Myriad

Federal Circuit Review - Volume 3 | Issue 2 February 2013

Supreme Court Rules that a State Court Has Jurisdiction over a Legal Malpractice Claim Involving a Federal Patent Issue

Malpractice Cases Against Patent Lawyers Stay in State Court, as Supreme Court Continues to Refine Reach of Grable

Supreme Court Holds That Patent Legal Malpractice Claims Do Not “Arise Under” The Patent Laws and May Be Heard in State Court

Gunn v. Minton (2013)

Federal Circuit Potential for Indirect Infringement Liability Provides a Justiciable Controversy for Declaratory Judgment...

Patent Watch: Allflex U.S.A., Inc. v. Avid Identification Sys., Inc.

A Covenant Not to Sue May Avoid Invalidity Claims

If You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue

Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case

Supreme Court: Broad Covenant Not to Sue Negates Jurisdiction over Counterclaims for Non-Infringement and Cancellation of...

Already v. Nike: The Supreme Court Finds Covenant Not to Sue Made Competitor’s Claim for Invalidity of Trademark Moot

Supreme Court Holds Covenant Not to Sue Moots Counterclaim for Invalidity

Will the Supreme Court Review Copyright Damages in Music Downloading Case?

Another Shoe Drops in Washington: Ninth Circuit Expands Personal Jurisdiction over Willful Copyright Infringers

Patent Watch: Brooks v. Dunlop Mfg. Inc.

Federal Circuit Clarifies Expanded Standing to Bring Walker Process Antitrust Claims

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 21, 2012

District Court Denies Equitable Tolling, Fifth Amendment Taking in Novartis Patent Term Adjustment Case

Haunted House Doesn’t Scare Off Filmmaker

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - November 7, 2012

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